When an individual files for bankruptcy, some debts by their nature cannot be discharged, including certain debts for taxes or domestic support. In addition, a creditor may file a lawsuit against the debtor in Bankruptcy Court to have a debt declared to be non-dischargeable in the bankruptcy. These lawsuits are called “adversary proceedings.”
The United States Bankruptcy Code provides for several bases for a debt to be declared non-dischargeable in bankruptcy, including: a debt obtained through fraud or false pretenses; a debt for fraud while acting in a fiduciary capacity; a debt resulting from willful and malicious injury by the debtor. There are numerous other bases, but these are the three primary bases creditors use when they file an adversary proceeding against a debtor to have a debt declared non-dischargeable.
At Udall Shumway, we represent both debtors and creditors in adversary proceedings. If an adversary proceeding has been filed against you in the course of your bankruptcy or if someone who owes you money has filed bankruptcy and you believe that debt should not be discharged, we can assist in assessing the viability of the case and in the defense or prosecution of the adversary proceeding.
Contact us today at 480-461-5300.