North Dakota Bankruptcy Law (ND)

New North Dakota laws and motions objecting to discharge

The procedure for finalizing Chapter 7 bankruptcy discharge in North Dakota is usually fairly simple. That is, unless an objection to discharge is filed by the trustee, a creditor, a party in interest, or by the court upon it's own motion. Any of these parties may file an objection at any time, yet most objections are filed well before the discharge hearing. Upon filing of any motion objecting to discharge, debtors must be granted an opportunity to heard and contest allegations. After notice and hearing, the court must resolve all objection before granting final relief.

In most cases, once all objections, if any, are resolved, the court conducts discharge hearings administratively. these administrative hearings do not require the presence of the debtor or their attorney unless specifically ordered by the court. Over 98% of all administrative discharge hearings order the relief requested.

Responding to objections should include a written motion in response to advise the court that a hearing is necessary. All competent attorneys file these responses routinely, and assert grounds that, at a minimum, require oral testimony to resolve disputes.