Overturning, Revoking, or Denying A Bankruptcy Discharge

People want to know whether a bankruptcy can be overturned or revoked.  There are three ways that a bankruptcy can be overturned or revoked: 1) denial of discharge, 2) revocation of discharge, or 3) denial of dischargeability.  Each one is different. Denial of Discharge A bankruptcy discharge is denied through an adversary proceeding.  Denial of discharge is usually what people … Continue reading »

For Profit Student College Student Loans In Bankruptcy

The treatment of student loans in bankruptcy is one of the most challenging topics for a debtor.  As a general rule, student loans cannot be discharged in bankruptcy unless the debtor proves that paying them is an undue hardship. The Debtor is required to prove undue hardship using the three part Brunner Test: (1) That the debtor cannot maintain, based … Continue reading »

Adversary Proceedings – The Bankruptcy Lawsuit

An adversary proceeding is a lawsuit that is part of a bankruptcy case.  Most cases do not involve an adversary proceeding.  This is because adversary proceedings are not necessary for you to get a discharge.  An adversary proceeding functions like any other lawsuit.  There is a plaintiff and a defendant.  The plaintiff is the party that starts the case and … Continue reading »