Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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When a debtor receives a discharge - at the end of the Bankruptcy process - the discharge says, "all debts listed in this Bankruptcy that are dischargeable are hereby discharged". It does not separate the dischargeable debts from the non-dischargeable debts.
Although not necessary, many creditors holding non-dischargeable debts - or debts that they think are non-dischargeable - feel more comfortable filing a "4007 Determination of Dischargeability of a Debt" motion, whereby the court will make an official determination of whether the debt is dischargeable.
Filing this motion is also a good idea if there is any reason to expect the debtor will try to claim - after the discharge - that they no longer owe the money because the debt was included in the Bankrutpcy (even though simply including a debt in a Bankruptcy does not make it dischargeable).
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If this is not filed and they are discharged, can the credit card company simply be contacted with proof of the decree?
Also the domestic court has stayed all proceedings waiting on the outcome of the higher court. Would they require an official determination? (This is hamilton county ohio)
Lastly, is this 4007 motion a standard form of some kind that can be found?
Sorry, for number 2 the domestic court is treating the bankruptcy court as the higher court. They have stayed proceedings awaiting the bankruptcy courts decision. Would they be waiting on an official designation that the debt is non-dischargeable or should they realize this falls under 523 (15) without any ruling from the bankruptch court?
Thank you very much for you assistance. This should complete my questions.
A Bankruptcy "stays" (suspends) divorce proceedings that concern property division. This stay lasts until the Bankruptcy is discharged or the case is closed, whichever comes first.
Although I do not have familiarity with divorce proceedings - as Bankruptcy is my area of practice - I think the decision the divorce court is waiting for may by the discharge or close of the Bankruptcy case.
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