Discharge

Adversary Actions for Debts obtained under false pretenses

Recently, I took on a case that involved a non-dischargeability action. They debtor had been accused of shorting his company some money and the other officers and directors were objecting to the discharge of the debt in the bankruptcy proceeding.
However, what the creditor’s didn’t realize is that the standards for dischargeability for false pretenses is much different than that in State Court.

M.D. Ga. - Collateral Estoppel For Probate Court Judgment; Defalcation While Acting In Fiduciary Capacity

 RLI Ins. Co. v. Waters (In re Waters), Adv. No. 09-5014, 2009 Bankr. LEXIS 3865 (Bankr. M.D. Ga. Dec. 7, 2009) (J. Hershner). Debtor was the guardian of his minor son, who was injured in a car accident and received $15,522.74 in settlement proceeds.  Plaintiff was the issuer of a surety bond in the amount of $16,000 the probate case.

What Is The Function Of Bankruptcy Law?

In discussing why bankruptcy is important, I am met with a number of viws regarding bankruptcy.  For people that do not seem to have issues involving too much debt, they seem to view bankruptcy with a sort of disdain.  For those who do have a lot of debt, being free of that debt is a breath of fresh air–a new lease on life.  Any any rate, it is very common for misperceptions to persist with regards to bankruptcy law and practice.

What’s a “family farmer”? Someone who can file Chapter 12

Chapter 12 is a little known part of the Bankruptcy Code that can be exceptionally helpful to family farmers and family fishermen.
Under chapter 7, debtors discharge all of their debt but lose all of their non-exempt assets.  Under chapter 13, debtors keep all of their non-exempt assets but devote 5 years of disposable income toward [...]

Great Thread on Removal of Judicial Liens

Question: Correct me if I am wrong…. When someone files a Chapter 7 bankruptcy and there is a judicial lien on his/her home due to an unpaid credit card debt… the lien still stands after the discharge of the bankruptcy?...

Use Online Access Keep Track of the Disbursements in Your Chapter 13 Case

Once you file a Chapter 13 bankruptcy and begin contributing monthly to the payment plan, you may wonder where your money is going, who’s being paid and how much money you still owe until you get your Chapter 13 discharge. As a Chapter 13 debtor, you can have access to much of the same information that the Trustee and your attorney have.