Southern California Bankruptcy Law Blog

Tag Archives: Dischargeability of debt

The Ninth Circuit’s Martin Decision

Posted in Chapter 7, Tax debts

I have written several times about discharging income tax debt in bankruptcy.  Some time ago I wrote a post that dealt with the question of whether a return filed after a substitute for return is a return for bankruptcy discharge purposes.  At the time, I reported that the question hadn’t been addressed by the Ninth… Continue Reading

Bankruptcy Discharge Of Workers Compensation Premium Debts

Posted in Chapter 7

  A fellow bankruptcy attorney recently posed an interesting question regarding the dischargeability of an obligation to pay workers compensation insurance premiums.  Here is the exchange I had with him: Question: Is money owed to the “State Fund” for unpaid workers compensation insurance premiums by a debtor as a responsible officer of a defunct corporation… Continue Reading

Omitting A Creditor – Part II

Posted in Chapter 7

I’ve been a bit busy lately, and haven’t posted anything for a while.  I plan to remedy this over the next couple of weeks.  This post begins that process of “blogging rehabilitation.” Some time ago I posted an article discussing the consequences of omitting a creditor in a debtor’s bankruptcy papers.  Recently, I had an… Continue Reading

What Happens If I Forgot To List A Creditor In My Bankruptcy Papers?

Posted in Automatic Stay, Chapter 11, Chapter 13, Chapter 7, Debt

The answer differs depending on the nature of the debt and under which chapter the bankruptcy case was filed. I.          The Key Exception To Discharge The key provision of the Bankruptcy Code that we use to answer the question is 11 U.S.C. § 523(a)(3), which states (with emphasis added): A dischargeunder section 727, 1141, 1228… Continue Reading

Discharging Judgment Debts

Posted in Chapter 11, Chapter 13, Chapter 7

If one of your creditors got a judgment against you in a State Court action, you can still discharge that debt in bankruptcy – if it is of the dischargeable variety. When a debtor files for bankruptcy protection, the long term goal is, of course, freedom from debt.  Unfortunately, not all debts are dischargeable in… Continue Reading