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14 Questions

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Nondischargeable Debts in Bankruptcy

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Questions and Answers

Which type of debt is covered by the bankruptcy discharge?

Domestic support obligations

Money, property, services obtained through fraud (correct)

Taxes

Debts obtained through fraud

What is the consequence of losing discharge under §727?

All debts become non-dischargeable in future bankruptcies (correct)

Only specific debts become non-dischargeable

The debtor's assets are liquidated to pay off the debts

The debtor can reapply for discharge after a certain period

Which type of debt is non-dischargeable for 3 years?

Priority taxes (correct)

Student loans

DUI fines

Government fines

What happens to debts that are not listed or scheduled?

They are non-dischargeable Signup and view all the answers

What is the timeframe for filing a complaint under 523(c)?

60 days after the §341 meeting of creditors Signup and view all the answers

In Problem 6-19, why is the $10,000 medical bill not discharged in chapter 7?

It is post-petition debt and subject to the 8-year rule Signup and view all the answers

What advice is given regarding the $10,000 medical bill in Problem 6-19?

File for a zero-payment, three-year chapter 13 plan Signup and view all the answers

In Problem 6-20, which of the following debts are non-dischargeable in a chapter 7 filing?

Current taxes and student loans Signup and view all the answers

According to the lawyer's notes, in which court should a claim be brought if there is a weak claim under federal bankruptcy law?

State court Signup and view all the answers

In the scenario of Problem 6-26, can the $3,500 claim be excepted from discharge?

Yes, because the cash advances aggregated more than $750 within 70 days Signup and view all the answers

In Re Manriquez, why was the cruise expense considered non-dischargeable?

It was a luxury good Signup and view all the answers

What are the three principles to follow when starting a Chapter 7 appointment?

Avoid luxury purchases, no cash advances, and continue using credit cards as before Signup and view all the answers

What act was most favorable to Manriquez in In Re Manriquez?

The credit card debt was majority household goods Signup and view all the answers

If you were the bank's attorney in In Re Manriquez, would you have appealed for violation of 523?

Yes, because the cruise is a slam dunk non-dischargeable luxury good Signup and view all the answers