Podcast
Questions and Answers
In a no-asset, no-claims-bar-date bankruptcy case, why would a debtor move to reopen the case to add omitted 'garden variety debts'?
In a no-asset, no-claims-bar-date bankruptcy case, why would a debtor move to reopen the case to add omitted 'garden variety debts'?
- To expedite the closure of the bankruptcy case.
- To prevent the creditors from pursuing the debts in state court.
- To seek a discharge from the debts owed to those creditors.
- To amend the schedules and remove the debts from the discharge. (correct)
Under what circumstances can creditors request a declaratory judgment action regarding the dischargeability of their debts?
Under what circumstances can creditors request a declaratory judgment action regarding the dischargeability of their debts?
- If the debts fall under Section 523(a)(2), (4) or (6) for fraud, embezzlement, or tort. (correct)
- If the debts were omitted from the schedules by mistake.
- If the debtor has moved to reopen the bankruptcy case.
- If the claims bar date has passed.
What is the significance of the claims bar date in a bankruptcy case?
What is the significance of the claims bar date in a bankruptcy case?
- It determines the priority of debts to be discharged.
- It marks the deadline for creditors to file proof of claims. (correct)
- It signifies the date of the debtor's bankruptcy discharge.
- It indicates the date when the debtor can reopen the case.
What type of debts are considered 'garden variety debts' in a bankruptcy case?
What type of debts are considered 'garden variety debts' in a bankruptcy case?
Which type of debt is not dischargeable under 523(a)(6)?
Which type of debt is not dischargeable under 523(a)(6)?
In the case of In Re Mikulsky, what did the bankruptcy court conclude about the debtor's conduct?
In the case of In Re Mikulsky, what did the bankruptcy court conclude about the debtor's conduct?
What type of conduct did the Wisconsin courts use interchangeably with 'malicious conduct'?
What type of conduct did the Wisconsin courts use interchangeably with 'malicious conduct'?
What was the basis of the judgment in the case of In Re Mikulsky?
What was the basis of the judgment in the case of In Re Mikulsky?
What does 523(a)(6) require for a debt to be nondischargeable?
What does 523(a)(6) require for a debt to be nondischargeable?
What type of injury does 523(a)(6) cover for the debt to be nondischargeable?
What type of injury does 523(a)(6) cover for the debt to be nondischargeable?
What is the key element necessary for a finding under 523(a)(6)?
What is the key element necessary for a finding under 523(a)(6)?
What type of debt does 523(a)(6) not cover for dischargeability?
What type of debt does 523(a)(6) not cover for dischargeability?
Which type of debt is not excepted from discharge under § 523(a)(6)?
Which type of debt is not excepted from discharge under § 523(a)(6)?
Under what circumstances would reliance on a statement regarding financial fraud be non-dischargeable?
Under what circumstances would reliance on a statement regarding financial fraud be non-dischargeable?
What is the standard of proof for dischargeability exceptions under 523(a)?
What is the standard of proof for dischargeability exceptions under 523(a)?
Which type of transfer is necessarily nondischargeable in bankruptcy under § 523(a)(2)(a)?
Which type of transfer is necessarily nondischargeable in bankruptcy under § 523(a)(2)(a)?
What is the key consideration for the dischargeability of student loans in bankruptcy?
What is the key consideration for the dischargeability of student loans in bankruptcy?
What type of damages for actual fraud are not dischargeable under § 523(a)(2)(a)?
What type of damages for actual fraud are not dischargeable under § 523(a)(2)(a)?
What does the absence of a deadline for filing a proof of claim make impossible?
What does the absence of a deadline for filing a proof of claim make impossible?
What does writing a Not Sufficient Funds Check violate?
What does writing a Not Sufficient Funds Check violate?
What does the Bruner Test assess for student loans in bankruptcy?
What does the Bruner Test assess for student loans in bankruptcy?
What does a transfer for less than fair value not necessarily indicate under § 523(a)(2)(a)?
What does a transfer for less than fair value not necessarily indicate under § 523(a)(2)(a)?
What is the basis for the non-dischargeability of settlement payments in bankruptcy?
What is the basis for the non-dischargeability of settlement payments in bankruptcy?
What type of debt based on breach of contract is not excepted from discharge under § 523(a)(6)?
What type of debt based on breach of contract is not excepted from discharge under § 523(a)(6)?
Flashcards are hidden until you start studying
Study Notes
Bankruptcy Law Cases Summary
- A Chapter 7 discharge applies to all unscheduled debts except those made nondischargeable by § 523.
- In Re Pickens: A debt based on breach of contract is not excepted from discharge under § 523(a)(6).
- Lamar v. Appling: Any reliance on a statement regarding financial fraud must be in writing for it to be non-dischargeable.
- McClellan v. Cantrell: Only fraudulent transfers with actual intent to defraud are nondischargeable in bankruptcy under § 523(a)(2)(a).
- Archer v. Warner: Settlement payments are non-dischargeable in bankruptcy, even if the debtor files for bankruptcy.
- Tetzlaff v. Educational Credit: Student loans can only be discharged under "undue hardship" if the debtor meets specific criteria.
- Bruner Test for Student Loans in bankruptcy: It assesses the debtor's ability to sustain a standard of living and certainty of hopelessness.
- Grogan v. Gardner: The standard of proof for dischargeability exceptions under 523(a) is the preponderance-of-the-evidence standard.
- Cohen v. De La Cruz: Treble damages for actual fraud are not dischargeable under § 523(a)(2)(a).
- The absence of a deadline for filing a proof of claim makes it impossible to file a proof of claim that is not timely.
- Writing a Not Sufficient Funds Check is not a violation of § 523(a)(6).
- Transfer for less than fair value does not necessarily indicate actual intent to defraud under § 523(a)(2)(a).
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
