10/24/2022
When you file for bankruptcy, you are requesting the "Discharge" of your debts because you do not have 'disposable income' to pay your creditors & you do not have any 'unexempt assets' that can be 'liquidated' to pay back your creditors. There are some debts that are NOT dischargeable automatically, like certain taxes & student loans (but can be).
Now, if your creditor files a legitimate adversary complaint (lawsuit) against you within the time allowed by the Court, there is a good chance that the debt owed to them can be excepted from discharge, meaning you can always continue to owe this & it will not be dischargeable even in a future bankruptcy. These are successful if fraud/bad faith can be shown....
NOW, there is a case pending in front of the Supreme Court which can affect spouses & business partners of the filing Debtor, who are accused of these non-dischargeability claims. The lower courts (ie 9th Circuit) has held that a person cannot escape liability of her business partner's fraud due to lack of knowledge"
How does this make sense?? How can someone be liable for the conduct of another, when there was no knowledge of the fraudulent conduct?! This will be a major win for Creditors.
(THIS is why you need a Bar Certified Bankruptcy Attorney, as a Debtor or Creditor!!)
Volume 29, Issue 13 This Report summarizes opinions issued on April 28 and May 2, 2022 (Part I); and cases granted review on April 25 and May 2, 2022 (Part…