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Dealing With Discharge of Debts Based on Willful and Malicious Injury

Bankruptcy provides individuals and businesses with a fresh financial start by discharging or eliminating their debts. However, not all debts are eligible for discharge. One category of non-dischargeable debts are those stemming from willful and malicious injury. Creditors can challenge the discharge of such debts through an adversary proceeding, at which debtors can raise defenses Read More

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Managing Tax Debts Through a Chapter 13 Plan

A Chapter 13 bankruptcy may allow you to eliminate a sizable portion of your outstanding debt. In some cases you pay off a relatively small amount of unsecured debts, with the remainder being discharged. However, tax debts are generally not eligible for reduction and discharge. With a few exceptions, they must be paid in full. Read More

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Fraud Exception to Debt Discharge Can Apply to Fraud by Others

Bankruptcy law generally allows debtors to discharge obligations that accrued prior to the filing of the bankruptcy petition. There are, however, exceptions, such as when a debt is obtained by fraud. Though this is generally understood to mean fraud by the debtor, the United States Supreme Court recently ruled that actions by other people can Read More

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Improving Your Chances of Buying a Home After a Chapter 7 Bankruptcy

Buying a home after filing bankruptcy can be difficult. A Chapter 7 bankruptcy filing hurts the individual’s credit rating, making it nearly impossible to borrow money immediately thereafter. The bankruptcy stays on a person’s credit report for 10 years. However, there are ways to soften the effects of bankruptcy on the ability to get new Read More

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How Credit Card Companies Can Challenge Debt Discharge

Credit card debt is one of the financial issues that can push a borrower into filing for bankruptcy. However, federal law allows a creditor to challenge discharge of a particular debt by claiming it was obtained by “false pretenses, false representation, or actual fraud.” Credit card companies have two primary strategies for raising such challenges. Read More

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How an Adversary Proceeding Might Affect Your Bankruptcy

When a serious dispute arises in a bankruptcy case, an adversary proceeding may be started. This is a separate lawsuit in bankruptcy court that may be initiated by creditors, the debtor or the bankruptcy trustee to accomplish an objective that cannot be achieved by filing a motion. The underlying bankruptcy case will not close until Read More

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Common Reasons for Bankruptcy Petition Denials and Discharge Denials

The U.S. Bankruptcy Court where you file for Chapter 7 or Chapter 13 has the power to deny your petition at any stage of your case. A judge can also prevent you from obtaining a debt discharge at the conclusion of the bankruptcy process, even for a debt that is normally considered to be dischargeable. Read More

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How Does Bankruptcy Discharge Affect Your Credit?

While debt trouble is the prime motivation for declaring bankruptcy, debt relief is not the same thing as obtaining a clean slate for your credit rating. The fresh start afforded by bankruptcy unfortunately can come with the stigma of having once been a poor lending risk. Record of a bankruptcy will stay on your credit Read More

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Do You Have to Be Completely Broke to File for Bankruptcy?

The idea that you need to be flat broke to seek bankruptcy protection is a misconception. The amount of money you make and the amount of debt you have are not the sole factors that determine whether or not you should file for bankruptcy. However, although there is not a minimum amount of debt required Read More

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Implications of the SCOTUS Ruling in Wellness International vs. Sharif

On May 26, the U.S. Supreme Court issued a ruling in Wellness International v. Sharif, a case that will have major implications for bankruptcy law throughout the nation. The court decided Article III does not prevent judges in bankruptcy cases from issuing final judgment on claims that only attempt to augment the bankruptcy estate and Read More

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