Complaint Objecting to Dischargeability of Debt
(11 U.S.C. § 523(a))

Summary

This template complaint is for use by an attorney representing a party objecting to the dischargeability of a debt of an individual debtor under Section 523(a)(2), (4), and (6) of the Bankruptcy Code. This template includes practical guidance, drafting notes, and alternate and optional clauses. Section 727(a) requires the bankruptcy court to grant an individual debtor a discharge unless there are grounds to deny it. 11 U.S.C. § 727(a). A debtor may be denied a general discharge or have certain types of debts excepted from discharge (i.e., not discharged). These excepted debts remain due and owing as personal liabilities of the debtor as if no bankruptcy occurred. Section 523(a) enumerates the debts excepted from discharge (however, not all exceptions apply to Chapter 13 cases as discussed below). In certain cases, the facts supporting an exception to the discharge of a debt and the denial of general discharge may overlap (such as when the debtor has acted fraudulently). A debtor or any creditor may file a complaint to determine the dischargeability of any debt. Fed. R. Bankr. P. 4007(a). This template focuses on those objections which require the filing of a complaint in all circumstances, i.e., under Section 523(a)(2),(4), and (6). Section 523(a)(2), (4), and (6) involve debts incurred as a result of some intentional wrongdoing by the debtor. These subsections include the following debts: • Obtained by fraud, false pretenses, or a false representation, other than a false representation in writing concerning the financial condition of the debtor or an insider • Obtained by statements in writing regarding the financial condition of the debtor or an insider that were materially false and made with an intent to deceive and on which the creditor reasonably relied • For fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny • For willful and malicious injury by the debtor to another entity or to the property of another entity A complaint objecting to the discharge of debts covered by Section 523(a)(2), (4), or (6) must be filed in the bankruptcy court within 60 days of the day first set for the Section 341 meeting. Fed. R. Bankr. P. 4007(c). The court may extend the deadline for cause if the motion is filed before the 60 days expire but has no authority to grant a motion to extend filed after the deadline has passed. Fed. R. Bankr. P. 4007(c); see also In re Alton, 837 F.2d 457, 459 (11th Cir. 1988). Note that subsection 523(a)(6) does not apply to Chapter 13 cases unless the Chapter 13 debtor requests a hardship discharge. In such cases, the court will enter an order fixing the time to file a complaint to determine the dischargeability of any debt under Section 523(a)(6) (on not less than 30 days notice). Fed. R. Bankr. P. 4007(d). The other exceptions to discharge under Section 523(a) are self-effectuating (i.e., the creditor does not need to file a complaint for the debt to be excepted from discharge). However, if dischargeability is disputed, the creditor must file a complaint. Bankruptcy Rule 4007(b) provides that a complaint to determine the dischargeability of a debt (not covered under Bankruptcy Rule 4007(c) or (d)) may be filed at any time and that a bankruptcy case may be reopened without payment of an additional fee for the purpose of obtaining a determination of dischargeability. Fed. R. Bankr. P. 4007(b). For information on reopening a Chapter 7 case, see Closing and Reopening a Chapter 7 Bankruptcy Case. State courts also have concurrent jurisdiction over the question of dischargeability for these remaining exceptions For resources on the discharge in bankruptcy cases, see Bankruptcy Discharge Resource Kit. For resources on individual bankruptcies, see Consumer Bankruptcy Resource Kit. For more information on the Section 523 exceptions, see Discharge and Exceptions to Discharge in Individual Cases. For a form complaint objecting to a Chapter 7 general discharge, see Complaint Objecting to Chapter 7 Discharge.