Prevent Fraud Challenges on a Credit Card Debt
Very recent credit card purchases and cash advances can be a problem when filing bankruptcy. Smart timing can mostly solve this problem.
Bankruptcy Can Write Off a Student Loan if it Causes Undue Hardship
Writing off student loans is not easy. You must convincingly show that paying the loan causes you undue hardship, a tough condition to prove.
Non-Dischargeable Debts in Bankruptcy
Most debts get written off--discharged--in bankruptcy. The only ones that aren't are specifically listed in the Bankruptcy Code.
The Judge’s Ruling in a Dischargeability Proceeding: an Example
In our example of the adversary proceeding about whether a debt gets discharged, here is the bankruptcy court's ruling on the matter.
The Trial in a Dischargeability Proceeding: an Example
In our example about the process about whether a debt gets discharged, here's what happens at the bankruptcy court trial itself.
Answering a Creditor’s Dischargeability Complaint: an Example
Here's an example showing how to answer a creditor's complaint objecting to the legal write-off of a debt in bankruptcy.
Resolving a Creditor’s Dischargeability Objection: an Example
Here's an example showing in a practical way what happens when a creditor objects to the legal write-off of a debt in bankruptcy.
Going to Trial on a Nondischargeability Dispute with a Creditor
The trial, almost always in front of a bankruptcy judge and no jury, is the final determinator whether the challenged debt gets discharged.
“Discovery” during a Nondischargeability Dispute with a Creditor
"Discovery" covers all the methods used to get at all the relevant facts in a dispute with a creditor about the discharge of a debt.
The Procedure to Determine whether a Debt Should be Discharged
If you decide not to settle but rather fight a creditor trying to make you pay a debt that you want to discharge, here's what happens.
Writing off a Student Loan
To legally write off--discharge--a student loan in bankruptcy takes an extra step: proving that it is causing you "undue hardship."
Adversary Proceedings by the Debtor
Sometimes it's in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
Adversary Proceedings by the Trustee
Usually it's not hard to avoid getting into a dispute with your trustee. But you need to know the law and follow it.
Making Sense of Bankruptcy: Debts That Are Not Discharged (Written off) in a Chapter 7 Bankruptcy
Start by assuming that debts are written off in bankruptcy, while knowing that there are some important exceptions that may apply to you.
Making Sense of Bankruptcy: Discharging Disputed Debts, Challenges for “Willful and Malicious Injury”
Your financial difficulties may include an unresolved claim against you for personal injury or property damage.
