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.
Discovering the Facts in a Dischargeability Proceeding: an Example
Here's how the debtor and creditor get at the facts in an adversary proceeding about whether a debt gets discharged.
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.
A Challenge to the Discharge of All Debts
A creditor or a bankruptcy trustee could potentially object to the discharge--legal write-off--of ALL your debts. Very rare, and preventable.
Adversary Proceedings in Bankruptcy
Disputes in bankruptcy court requiring the judge's resolution may be done so through an adversary proceeding.
Including New Income Tax Debts in Chapter 13
File your Chapter 13 "adjustment of debts" case at the right time to include all possible tax debts. Then budget right to prevent new ones.
Losing the Automatic Stay through a Prior Bankruptcy Filing
Don't jeopardize an indispensable benefit of filing bankruptcy--immediate protection from your creditors.
Exceptions to the Automatic Stay
The "automatic stay" immediately stops most collection actions by most creditors when you file bankruptcy. But here are some key exceptions.
A Scenario about Debts from a Vehicle Accident
One example how debts from a vehicle accident, involving possible drunk driving, are handled in bankruptcy.
Can “Priority” Debts Be Discharged in Chapter 7 Bankruptcy?
A bankruptcy trustee would pay your "priority" debts ahead of other debts in an "asset case." But what happens in a "no asset case"?
“Priority” Debts in Chapter 7 Bankruptcy
Here's what happens to "priority" debts in an "asset case."
“General Unsecured” Debts Discharged in Chapter 13
To the extent you do not pay off your debts during a Chapter 13 payment plan, the remaining balance is usually legally written off forever.
“General Unsecured” Debts Discharged in Chapter 7
In most straightforward Chapter 7 cases all debts not secured by any collateral are discharged--forever written off. You pay nothing on them.
A Second Mortgage “Strip” through Chapter 13
"Stripping" off a second mortgage has major immediate and long-term benefits.
Debts Not Listed in Your Bankruptcy Documents
If one of your creditors is not included in your "schedules" you risk continuing to owe that debt after your bankruptcy is finished.