Dischargeable and Non-Dischargeable Debts in Bankruptcies
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Learn to identify when a debt may be subject to a dischargeability challenge and how to prosecute or defend such a challenge.Not all debts are dischargeable in bankruptcy. Many creditors and their attorneys do not understand how to determine whether claims against a debtor in bankruptcy are non-dischargeable or how to obtain a judgment that may survive a bankruptcy filing. This topic helps debt collectors and creditors learn to analyze whether further action is necessary or advisable after a debtor files bankruptcy. The material also explains how to seek pre-bankruptcy judgments that have a higher chance of remaining collectible after a bankruptcy filing. The topic explains common issues to look for that may indicate that a debt is non-dischargeable and when further action is warranted or inadvisable. Failing to be able to spot debts that may not be forgiven in bankruptcy may lead to unnecessarily uncollectable accounts. This information is important for creditors so they can ensure that they are not letting non-dischargeable debts go unrecognized and uncollected.
AuthorsDavid J. Warner, Wadsworth Warner Conrady, P.C.
• Why Bother?
• Spotting Common Grounds for Non-Dischargeability
• Bankruptcy Court or State Court?
• Deadlines and Procedures
Use of a Previous State Court Judgment to Obtain a Determination of Non-Dischargeability
• What to Look for
• State and Federal Doctrines of Issue and Claim Preclusion
• General Elements Necessary to Prove That the Previous Judgment Is Non-Dischargeable
Special Treatment for Certain Types of Debt
• Student Loans
• Domestic Support Obligations
Conclusion and Review of Key Points
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