Complaint objecting to discharge in bankruptcy proceeding for transfer removal destruction or concealment of property within form
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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE ______________________________DISTRICT OF
_______________________________________________ (Name of State)
IN RE: ___________________________________ CASE NO.______________
(DEBTOR)
_________________________________________ (CREDITOR) PLAINTIFF
V. ADV. PROC. NO.________
_________________________________________ (DEBTOR) DEFENDANT
COMPLAINT
1. Plaintiff, ________________________________________________ (Creditor),
of _____________________________________________________________________
________________________________________________________________________
________________________________ (street address, city, county, state, zip code), is a
creditor of the above-named Debtor.
2. Defendant, ________________________________________________ (Debtor),
of _____________________________________________________________________
________________________________________________________________________
______________________________ (street address, city, county, state, zip code), is the
Debtor in the above-captioned proceedings.
3. This is an action under 11 U.S.C.A. § 727(c) objecting to the discharge of the
Defendant Debtor. The court has jurisdiction of this case pursuant to 28 U.S.C.A. § 1334.
4. Attorney for Plaintiff has investigated the actions of Debtor and being satisfied
that the proper grounds exist for denial of the discharge of the Debtor, objects to granting
of discharge of the Debtor. The grounds for such objection is set forth in the following
paragraphs.
5. Debtor, on _____________________________________ (date), which is a date
subsequent to the first day of the year immediately preceding the filing of the Debtor’s
bankruptcy Petition on ________________________________________ (date of filing) ,
with intent to hinder, delay, or defraud Debtor's creditors, transferred, removed,
concealed and permitted to be removed and concealed, certain of Debtor's property,
specifically ______________________________________________________________
________________________________________________________________________
_______________________________________________________ (describe property) ,
in that Debtor did make a pretended sale to a certain _____________________________
______________________________ (name of third party) for no legal and/or valuable
consideration.
6. For the reasons shown above, Debtor should be denied discharge.
THEREFORE, Plaintiff prays that:
A. That Debtor be ordered to amend and supplement Debtor's schedules
_______________________________________________________________________
____________________________ (specify schedule numbers ) so as to show the names,
addresses, and dates when the indebtedness was incurred, and the amounts due all of
Debtor's creditors and to show specifically the dates when the indebtedness as to the
creditors already listed were incurred;
B. That if the supplemental and amended petition be not received and filed in
this Honorable Court within the next ___________ (number) days or reason given for
failure to comply at the hearing had on the day and date set by this Honorable Court, then
Plaintiff prays that no discharge be granted to the Debtor;
C. Plaintiff further prays that Debtor be denied a discharge for the several
reasons alleged in the above and foregoing Complaint.
D. That this Honorable Court set the day and date for hearing on this
objection to discharge and further prays for all orders and decrees necessary in the
premises.
Respectfully Submitted,
____________________________________
CREDITOR
By__________________________
(Name of Attorney)
Plaintiff’s Attorney
Certificate of Service
This is to certify that I, __________________________________________
(Name of Attorney), attorney for ___________________________________________
(Creditor), Plaintiff in the above-styled and numbered adversary proceeding, have this
date served a true and correct copy of the above and foregoing Complaint by U.S. Mail,
postage fully prepaid, to the following counsel of record for Defendant:
__________________________________________________ (Name of Attorney)
Post Office Box ________________
City, State, Zip Code _____________________________________________________
________________________________
This the ____ day of __________________________________, 20____.
Respectfully Submitted,
____________________________________
(Name of Attorney)
State Bar No. ______
Attorney for Plaintiff
OF COUNSEL:
_____________________________________________ (Name of Attorney)
Post Office Box _______-__________0
City, State, Zip Code ______________________________________________________
_______________________
Telephone: ______-______-___________
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