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Collecting from a chapter 7 debtor

Boston, MA |

We have a judgment against a debtor. This debtor filed bankruptcy, chapter 7. There are many fraudulent representations by my contractor. Also willful and malicious actions of which I have sent in a complaint pro se. What are my chances to have just our claim non-dischargeable?

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Attorney answers 1


No one can answer your question - at least in any meaningful way that you can actually rely on it - without knowing more about the facts of your case. Debts incurred through fraud are non-dischargeable under Section 523(a)(2) of the Bankruptcy Code as are debts arising from willful and malicious acts under 523(a)(6), however, you are obligated to file a timely adversary proceeding in order to seek a non-dischargeability determination from the Court. If you miss the deadline to file the AP, you are out of luck. Then, once you file it, you need to prove the fraud with evidence.

If the judgment is that important to you, you should be speaking with an attorney who practices bankruptcy litigation, and be willing to invest in challenging the debtor's discharge of your debt. And since you mention that this debtor may already be in bankruptcy, you need to do so PRONTO to avoid missing a deadline.

Good luck,

Bill McLeod

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