Section 523 of the United States Bankruptcy Code excepts from discharge certain types of liabilties such as taxes and customs duties, credit obtained by fraud, defalcation by a fiduciary, domestic support obligations, willful and malicious injury, punitive damages, educational loans, death or personal injury caused while operating a motor vehicle, etc. In order to invoke Section 523, a creditor needs to timely file a adversary complaint (such as the document attached below) to determine dischargeability of specific debts.
By contrast, an adversary complaint filed under Section 727 of the Bankruptcy Code prays that the debtor receives no bankruptcy discharge whatsoever.
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Federal, 9th Circuit, California |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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