Exceptions To Discharge In Chapter 7 – Part I of II

By James F. Molleur, Esq., Molleur Law Office, Biddeford, Maine

Section 523 of the Bankruptcy Code addresses the exceptions to an individual debtor’s discharge under Section 727 of the Code.  Whether or not a particular debt meets the listed non-dischargable debts in Section 523 (a) may require a Court determination, and either a debtor or a creditor may file a complaint to obtain that determination.  Bankruptcy Rule 4007(a).

Deadline for Filing Dischargeability Actions

Section 523(c) creates two categories of non-dischargeability of debts – the first category includes debts described in . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

BBurden pic 0002C_1
June 29, 2025
Bankruptcy professionals must weigh when to litigate, compromise, or concede in resolving disputes. The key is to choose a path based on clear judgment rather than emotion or ego.
Members
August 1, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) While the debtors failed to meet the high threshold to establish excusable neglect to permit their claim filed on behalf of a creditor after the bar date to be allowed, where a Chapter 13 case is dismissed and then reinstated prior to the expiration of the bar date, the...
Members
bobdrummond
October 20, 2024
“Can a Debtor avoid a lien when a creditor holds a secured position that preceded the Debtor’s ownership interest . . . ? Judge Michelle Harner, . . . recently addressed this issue.
Members
March 8, 2020
By The Honorable William Houston Brown (Retired) Plan did not properly address 910 creditor’s liens. Finding that the plan did not satisfy one of the three options for addressing a secured claim under § 1325(a)(5), specifically failing to provide for the 910 creditor’s retention of lien, the Panel observed that in response to the creditor’s objection to confirmation, the debtors...
Members
Gardner
November 13, 2022
Question: May a servicer charge to generate a payoff quote? Answer: 1026.36(c)(3) Payoff statements. In connection with a consumer credit transaction secured by a consumer's dwelling, a creditor, assignee or servicer, as applicable, must provide an accurate statement of the total outstanding balance that would be required to pay the consumer's obligation in full as of a specified date. The...
Members
April 11, 2021
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current...
Members
gustafson2
In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Ransom, Milavetz, and Espinosa.
Members
KIMBALL
October 8, 2023
“In most cases, debtor’s counsel addresses only the argument that the debtor’s personal or financial affairs have substantially changed since dismissal of the preceding case.”
Members
April 5, 2020
By Robert (Bob) Schuman, Owner/Managing Broker, Network Financial Group Is it 2008 again? For us in the mortgage industry, we woke up this week feeling as if during the night, we were transported back to 2008 when the mortgage industry basically collapsed. Then, Fannie Mae, Freddie Mac, and the FHA were the exceptions. As of March 25, 2020, like everything...
Members
Copy of Hildebrand-2016
March 8, 2026
For the court to set aside an order dismissing a debtor’s case, the debtor bears the burden of proof to establish that grounds exist under Rules 59(e) and 60(b).
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: