August 25, 2014

Picking up from where Non-Dischargeable Debt in Bankruptcy (Pt. 1) left off, below, we will continue our discussion of when debts may not be eliminated with a bankruptcy case.

More about Non-Dischargeable Debt: When the Court May Render Debts Non-Dischargeable

When people make mistakes in their bankruptcy documents or intentionally commit fraud, the court can declare their debt to be non-dischargeable debt.

When people make mistakes in their bankruptcy documents or intentionally commit fraud, the court can declare their debt to be non-dischargeable debt.

In some cases, it will be up to the court handling a bankruptcy case to decide whether or not certain debts should be allowed to be discharged through bankruptcy. Specifically, bankruptcy trustees representing the court and overseeing a case may be inclined to deny the discharge of some debt if the person filing for bankruptcy has:

  • Failed to provide all of the necessary (or requested) tax documents
  • Failed to satisfy the mandatory credit counseling requirements (which should be completed prior to filing for Chapter 7 bankruptcy)
  • Failed to disclose all of his assets – This can specifically constitute bankruptcy fraud, in which case a person may end up facing criminal penalties (in addition to not receiving any financial benefits from filing for bankruptcy).
  • Defrauded creditors in any way
  • Lied in the bankruptcy paperwork – This can specifically constitute an act of perjury.
  • Violated any court order regarding his bankruptcy case
  • Filed for Chapter 7 bankruptcy within 8 years of this new case (and was able to get some of his debts discharged through the previous case).

The bottom line here is that, if people make mistakes when filing for bankruptcy, intentionally commit some type of bankruptcy fraud and/or fail to meet all of the eligibility requirements for filing for bankruptcy, they may not be able to have their debts discharged through their current bankruptcy case.

For some important info about how creditors can get debts declared non-dischargeable, be sure to check out the upcoming conclusion to this blog.

Denver Bankruptcy Lawyer at Lindquist-Kleissler & Company, LLC

If you are buried in overwhelming debt or are facing a serious financial crisis, Denver Bankruptcy Lawyer Arthur Lindquist-Kleissler can help you figure out your best options for resolving your financial issues.

At Lindquist-Kleissler & Company, LLC, our Denver bankruptcy attorney tailors his services to meet an individual client’s needs. This means that our clients can always count on us to bring a fresh perspective to their bankruptcy matters and to examine non-traditional options for their cases. Regardless of the specific services provided, one of the factors that never changes is Mr. Lindquist-Kleissler’s commitment to helping each of his clients resolve their case as efficiently and favorably as possible.

Contact Us for a Free Consult

Set up a free 30-minute consultation to receive some professional advice regarding your best debt relief options. To schedule this meeting, contact us by calling (303) 691-9774, or email us using the form on this page. You will pay nothing up front to obtain trusted, professional advice regarding your case and your options.

From our office in Denver, Arthur Lindquist-Kleissler represents clients throughout the Great Denver Metropolitan area and Colorado, including (but not limited to) Aurora and Arapahoe County.

Categories: Bankruptcy, Blog, Debt, Non-Dischargeable Debt