Prepare a notice of objection to discharge
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the ground the lawyer marks, whether the lawyer has marked it as a special ground, the evidence the lawyer identifies, and whether the lawyer says reasons are required. Record the date of filing the lawyer proposes and whether that date is before discharge. Do not write the notice.
- What the lawyer must review
- The lawyer decides whether to object, selects the ground, writes the notice, files it with the Official Receiver before discharge, and gives a copy to the bankrupt.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the ground the lawyer marks, whether the lawyer has marked it as a special ground, the evidence the lawyer identifies, and whether the lawyer says reasons are required. Record the date of filing the lawyer proposes and whether that date is before discharge. Do not write the notice. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- AFSA says a bankrupt is ordinarily discharged 3 years and one day after the statement of affairs is accepted, and that an objection generally extends the bankruptcy to 5 or 8 years from that acceptance. File before discharge. The objection takes effect at the beginning of the day it is entered on the National Personal Insolvency Index.
- AFSA says the trustee may object at any time before discharge, and must object when the trustee believes that objecting will help the bankrupt discharge a duty that is still outstanding and that there is no other way to induce the bankrupt to discharge it.
- AFSA identifies as special grounds the paragraphs 149D(1)(ab), (d), (da), (e), (f), (g), (h), (ha), (ia), (k) and (ma). It says paragraphs (ac) and (ad) also extend the bankruptcy to 8 years but are not special grounds. Do not paraphrase a ground that has not been read.
- A non-special ground needs the ground, the evidence and the reasons. AFSA expects every notice to tell the bankrupt that a review request must be in writing, filed with AFSA no later than 60 days after the day the bankrupt is notified, and accompanied by the notice and the documents relied on.
- Give the bankrupt a copy as soon as practicable. AFSA expects that within 7 days of filing. AFSA says a failure to notify does not invalidate the objection, and that the 60 days run from notification. Do not use an objection as the first step where the statement of affairs has not been filed, unless the lawyer has considered the other powers AFSA describes.
Sources
- AFSA, Objections to discharge from bankruptcy · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.