When someone files bankruptcy and receives notice of a lawsuit inside their case, it can be confusing. Two phrases often come up:
- Objection to Discharge
- Objection to Dischargeability
They sound similar — but they are very different.
Understanding the difference is critical.
📌 What Is a “Discharge”?
A discharge is the court order that eliminates your personal liability for most debts.
In Chapter 7, it typically enters about 3–4 months after filing.
In Chapter 13, it enters after completion of the repayment plan.
The discharge is the goal.
⚖️ Objection to Discharge (Big Picture Attack)
An Objection to Discharge is the more serious of the two.
If successful, it can prevent you from receiving a discharge of any debts.
That means:
- Credit cards survive
- Medical bills survive
- Personal loans survive
- Everything survives
It affects your entire case.
🚩 Common Reasons for Objection to Discharge
Trustees or creditors may file this type of action if they allege:
- You hid assets
- You transferred property with intent to defraud
- You destroyed or failed to keep financial records
- You lied in your bankruptcy paperwork
- You made false statements under oath
- You failed to explain loss of assets
These cases typically involve allegations of misconduct.
They are serious and require immediate legal attention.
💳 Objection to Dischargeability (Debt-Specific Attack)
An Objection to Dischargeability is narrower.
Instead of challenging your entire discharge, a creditor argues that their specific debt should not be wiped out.
If successful:
- You still receive your discharge.
- Most debts are eliminated.
- But that one creditor’s debt survives.
🚩 Common Reasons for Objection to Dischargeability
Creditors often allege:
- Fraud or misrepresentation
- False financial statements
- Large credit card charges right before filing
- Cash advances shortly before filing
- Embezzlement
- Intentional injury
For example, if someone took a $15,000 cash advance a month before filing, the credit card company may file an adversary proceeding claiming fraud.
If the creditor wins, that specific $15,000 remains owed.
📊 The Key Difference
| Issue | Objection to Discharge | Objection to Dischargeability |
|---|---|---|
| Scope | Entire bankruptcy | Specific debt only |
| Filed by | Trustee or creditor | Usually a creditor |
| Result if successful | No discharge at all | Only that debt survives |
| Severity | Very serious | Limited but still significant |
⏳ Deadlines Matter
Both types of actions must be filed within strict deadlines — usually 60 days after the first meeting of creditors in Chapter 7.
If a creditor misses the deadline, they often lose the ability to challenge dischargeability.
🛠 What Should You Do If You’re Served?
- Do not ignore it.
- Contact your bankruptcy attorney immediately.
- Preserve all documents and communications.
- Do not attempt to negotiate directly without counsel.
Many of these cases resolve through settlement — but strategy matters.
📌 The Bottom Line
An objection to discharge threatens your entire fresh start.
An objection to dischargeability targets only one debt.
Both are serious, but they are very different.
If you receive notice of either, prompt legal action can often protect your discharge — or limit the damage.
