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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am a creditor in a chapter 7 BK action in California. I

Customer Question

I am a creditor in a chapter 7 BK action in California. I filed a complaint for nondischargeability on the basis that the debtor's obligation arises out of fraud. The debtor has no assets and is willing to agree or stipulate that my debt is nondischargeable. What do I need to do or file with the bankruptcy court so the court will recognize my debt is not dischargeable? Thanks
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
You have to file a "Rule 4007" motion with the Bankruptcy court. Doing this involves filling out a form - which you should be able to get from the clerk at the Bankruptcy court - and then going to court for a brief hearing.
(A "Rule 4007" motion is also known as a "Determination of Dischargeability of a Debt" motion.)

I think this is what you wanted to know. If not, please let me know.
Thank you!