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  1. #1
    Join Date
    Jun 2005
    Location
    Chester, NY
    Posts
    1

    Default Consumer Fraud Judgements in Chapter 7 Bankruptcy

    I currently filed an adversary proceeding claiming that my judgement is nondischargeable as per 523(a)(7). I also claimed that the debtor is not eligible for Chap 7 under 727. This man is currently in jail, charged with Scheme to Defraud. He stole 20,000. from me in a contracting scheme. He also stole 7,000. from another, who is listed on my judgement. However, the list goes on and on as he made a career of robbing people. I would like to know if there is any way a judge could allow his bankruptcy to move forward once presented with my judgement and the facts surrounding this person's fraudulent activities.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Bankruptcy & Fraud

    The judge could allow the bankruptcy to go forward with regard to debts found to be dischargeable, while holding certain debts (e.g., obligations from monies procured by fraud) to be non-dischargeable. It is not uncommon in bankruptcy for a debtor to have some non-dischargeable debt (e.g., child support arrearages, student loans). Granted, this type of debt is less usual.

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