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Tag Archives: debt discharge

U.S. Supreme Court Rules Another Person’s Fraud Can Bar a Debt Discharge

Bankruptcy law has long barred the discharge of debts when the debtor has committed fraud. The rationale is that people should not be rewarded for the negative consequences of their unlawful actions. Now, the U.S. Supreme Court has settled the question of whether the fraud exception can apply when someone other than the debtor is […]

Adversary Proceedings Regarding Discharge of Debts

The major goal of a bankruptcy is the discharge of all or some of your debts, thereby giving you a fresh financial start. However, there may be grounds for a creditor or the bankruptcy trustee to object to the discharge of certain debts. This sometimes results in an adversary proceeding, which is a case within […]

Understanding the “Willful and Malicious Injury” Exception to Debt Discharge

The overall goal of bankruptcy is to give deserving debtors a fresh start by relieving them of most of their financial obligations. However, “most” does not mean “all.” The U.S. Bankruptcy Code lists several types of debts that are not dischargeable in bankruptcy. Among these are debts incurred by inflicting “willful and malicious injury” upon […]

How Exemptions Help You Keep Your Property in Bankruptcy

One of the most persistent misunderstandings in bankruptcy is that you have to give up your assets to gain a discharge from debt under Chapter 7. The truth is, most Californians who file in Chapter 7 get to keep most of their property. Remember, the goal of bankruptcy is to help you get a fresh […]

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