Determining Dischargeability in Bankruptcy Adversary
After filing for Chapter 7 bankruptcy protection, our Client was sued in Bankruptcy Court in what is known as an adversary proceeding. In many respects, Bankruptcy Adversary Proceedings are similar to State and Federal civil bench trials. Through this adversary proceeding, our Client’s right to discharge certain aspects of his debt was challenged. In particular, the Plaintiff alleged that our Client’s debt was nondischargeable under 11 U.S.C. Section 523(a)(2),(4) and (6), for fraud, misrepresentation and conversion. After nearly 18 months of contentious litigation, concluding with a lengthy adversary proceeding before a Bankruptcy Judge, we successfully upheld our Client’s right to discharge all of his debt and he was able to achieve a financial fresh start through a Chapter 7 bankruptcy.