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Recent Posts in Bankruptcy Exceptions Category

DEBTS INCURRED BY FRAUD AND BANKRUPTCY (ADVERSARY PROCEEDINGS)

It must be stated before starting that proving fraud in a court of law is a difficult proposition (notwithstanding the obvious) because the court must enter the heart and mind of the accused and ...
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DOES A JUDGMENT FOR FRAUD ISSUED BY A STATE COURT ACT AS RES JUDICATA IN A BANKRUPTCY DISCHARGEABILITY PROCEEDING?

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 ...
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11 USC 523 (a)(6) - EXCEPTION TO BANKRUPTCY DISCHARGE

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, ...
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