If a debtor includes a judgment for discharge in his Chapter 7, must he notify and list in the schedules the attorney who handled the judgment for the creditor, or is notice to just the creditor good enough?
Hi JACustomer,Although it is only required to list the creditor, it is customary to also list the creditor's attorney if the name and address of the creditor's attorney are known.So - yes - listing the creditor is good enough. I think this is what you wanted to know. If not, please let me know.Thank you. cfortunato41047.9596332176
It it understood that 523(a)(2) prevents the discharge of debts obtained by fraud. But does 523(a)(2) also prevent the discharge of judgments based on fraud, or does some other section of the code cover such judgments?
Hi JACustomer,Yes - judgments are also considered to be debts. Accordingly, any judgment based on a claim of fraud would be non-dischargeable.
On Schedule F, the debtor listed a judgment based on fraud. He also listed separately on Schedule F the attorney's fees that were awarded for that case. The awarded attorney sent a letter to the debtor's attorney, stating that he will be disputing the dischargeability of the judgment and the attorney's fees. Even though a judgment based on fraud is non-dischargeable, does the judgment still go on Schedule F? Are the attorney's fees awarded in a fraud case dischargeable?
1) All unsecured non-priority debts belong on Schedule F - even the ones that are non-dischargeable.
2) The attorney's fees for a judgment based on fraud would also be non-dischargeable.
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