Here’s how the debtor and creditor get at the facts in an adversary proceeding about whether a debt gets discharged.
Here’s an example showing how to answer a creditor’s complaint objecting to the legal write-off of a debt in bankruptcy.
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.
The trial, almost always in front of a bankruptcy judge and no jury, is the final determinator whether the challenged debt gets discharged.
“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.
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.
If a creditor objects to you writing off –discharging–a debt in a Chapter 7 bankruptcy on grounds of fraud, here are your practical options.
To legally write off–discharge–a student loan in bankruptcy takes an extra step: proving that it is causing you “undue hardship.”
A creditor or a bankruptcy trustee could potentially object to the discharge–legal write-off–of ALL your debts. Very rare, and preventable.
Sue a creditor to confirm that a debt will be discharged, or to punish the creditor for violating the automatic stay or the discharge order.
Sometimes it’s in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
Usually it’s not hard to avoid getting into a dispute with your trustee. But you need to know the law and follow it.
Disputes in bankruptcy court requiring the judge’s resolution may be done so through an adversary proceeding.
Here are the factors for determining whether a business lease is treated as a true lease in bankruptcy or rather as a secured purchase.