F is for Fraud

Ok, a nice simple one here folks.  Fraudulent debts are non-dischargeable under bankruptcy.  Creditors would have the right to file an adversary objection to discharge. The bankruptcy code section they would file their adversary under is 11 USC 523   The common objections seen are for actual fraud, but also conversion, embezzlement, theft, or intentional torts such as intentional personal injury, or personal injury from driving under the influence of drugs or alcohol.

Under chapter 13, these debts can be paid back 100% though, if the debtor can afford it. If paid less than 100%, the debts could survive the case, but a portion could be paid down. 

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Terrance Leeders

Chicago Bankruptcy Attorney, husband, father, Cubs fan.

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