- 1). Draft your request to the United States Bankruptcy Court. Add the court's address to the header, as well as your name and address. Place the date of your request and case number at the top of the page, along with the title "Motion for Discharge Due to Lack of Proof."
- 2). Start your motion by stating that the creditor claims you owe a certain amount of money to him. State that you deny this claim and/or the amount. Quote Rule 4005 of the United States Bankruptcy Procedural Rules, which states that the burden of proof is solely the responsibility of the plaintiff when a complaint objecting to a discharge of the bankruptcy is filed.
- 3). Ask the court to order the plaintiff to provide the proof of your debt. Request that a time limit be set for production of said proof in accordance with due process. Complete your plea by asking the judge to discharge your bankruptcy by the date ordered, if such proof is not provided to the court.
- 4). Submit your motion to the bankruptcy court clerk as soon as you receive notice of the creditor's request for a denial of discharge. Stay in touch with that office so that you will be aware of the date of any hearing set to decide this matter.
- 5). Attend court for the hearing to determine the discharge of your bankruptcy. Restate your request for discharge. Answer any questions the judge may have concerning the debt in question.
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