In all Chapter 7 situations (including no asset cases) where the debt is $3,000 or
more, review the debt specifics and the debtor's file for possible referral to the
RCC to consider filing an objection to discharge.
Be prepared to provide additional information and to work with the assigned attorney.
If the debt(s) meets the guidelines in GN 02215.196B., proceed as follows:
Forward a copy of the bankruptcy notice (if possible, highlight the last day for objecting
to discharge), by email, to the Chief Counsel;
Briefly explain how the debt(s) occurred, the amount(s) of the debt(s) and any adjustment
or refund actions;
Advise the Chief Counsel if adjustment was stopped as a result of the bankruptcy notice
and whether fraud was determined or misrepresentation is involved;
Explain the basis of the misrepresentation (e.g. debtor returned to work but failed
to report); and
Indicate as soon as possible if a Proof of Claim has been or will be filed (see GN 02215.195G).
If an objection to discharge must be received by the court within 15 working days
after the PC learns of the bankruptcy proceeding or the time within which an objection
should have been filed has expired, contact the RCC's office and explain the situation.
If appropriate, the RCC may be able to file an extension request with the court.