Bankruptcy wipes out most debts. The only ones that aren’t are explicitly not discharged under federal bankruptcy law. Debts Covered by the Discharge The basic rule is that bankruptcy discharges all your debts unless a particular debt fits a listed exception. Focusing on Chapter 7 “straight bankruptcy” today, you will likely receive an Order of Discharge from the bankruptcy court within … Read More
In our example of the adversary proceeding about whether a debt gets discharged, here is the bankruptcy court’s ruling on the matter.
In our example about the process about whether a debt gets discharged, here’s what happens at the bankruptcy court trial itself.
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.
To legally write off–discharge–a student loan in bankruptcy takes an extra step: proving that it is causing you “undue hardship.”
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.
Most debts can be written off in bankruptcy. Collection agents who say otherwise about your debt are often wrong. Here’s how it works.
The risk that creditors will not allow you to discharge some of their debts can be minimized through smart timing of your bankruptcy.