Nondischargeable Debts in Chapter 13 Cases

October 21, 2016 Discharge

Some 523(a) nondischargeable debts, such as 523(a)(6) willful and malicious injury to property, CAN BE discharged in a chapter 13 case when the debtor completes plan payments. Creditors attorneys need to know when to file a 523(a)(6) complaint.

“I’ve Changed My Mind – I Want to Surrender My House”: What Effect Does Post-Confirmation Surrender Have on the Debtor’s Discharge?

August 24, 2016 Discharge / Surrender

If a confirmed plan provides that the debtors will cure arrearages through the plan and maintain ongoing payments on a mortgage or long-term car loan, and the debtors complete plan payments and get a discharge, those section 1322(b)(5) debts are not discharged. What happens if after confirmation the debtors change their mind – is the claim still excepted from discharge?

Discharge Issues: Practice Tips and “OMG!” Lessons from the 2016 NACTT Annual Conference

July 28, 2016 Discharge / DSO / Mortgages

Here are some more practice tips and “OMG!” lessons from the 2016 NACTT conference. This post is on two important cases affecting the debtor’s discharge (this is a must-read for debtors’ attorneys).