Simply put, no. I'll start by stating that fraud and its appendages as found under 11 U.S.C. 523 are nondischargeable debts (meaning they survive bankruptcy). Now we must define res judicata (or claim preclusion). In its most basic terms, res judicata prevents a dispute already ruled upon by a previous court to be disputed again in another court. Being […]
Let's first start with what happens when a debtor files for and is granted a discharge in a Chapter 7 case. In this instance all dischargeable contracts become null and void and any remaining claims on these contracts are no longer the debtor's legal responsibility. However, a debtor may choose to keep some of his […]
When a client comes to see me, they are usually struggling with debt. Might be a little or a lot; much of it depends on the eye of the beholder. For some, $20,000 in debt is a drop in the bucket; for others (most), it's the entire ocean drowning them with each additional dollar of […]
Client comes to my office and says, "I've been paying $600/month to a debt consolidation company." I respond with, "How long have you had this problem?" Client answers, "About 9 months." "I'm in the wrong line of work," I joke. "Ok, so you've paid $5,400 to a debt consolidation company over the last 9 months. […]
Speaks of willful and malicious injury to person or property. This a delicate subject because terms such as "willful" and "malicious" are difficult to define. Many courts, including the Supreme Court have tackled their definition. Some have held that any act that was willful shall suffice as satisfying this element. The problem with this definition, said the U.S. Supreme Court, […]
