Chapter 5, J. Nondischargeable Claims

• Jurisdiction: United States

J. Nondischargeable Claims

Section 523 of the Bankruptcy Code provides a list of claims that are not dischargeable in the debtor's bankruptcy. This section, however, applies only to individuals and includes claims for (1) money, property, services or credit, to the extent obtained by false pretenses, a false representation or actual fraud; (2) fraud or defalcation by a fiduciary, embezzlement or larceny; (3) willful and malicious injury by a debtor; and (4) any debt resulting from the death or personal injury caused by the debtor's operation of a motor vehicle, vessel or aircraft if such operation was unlawful because the debtor was intoxicated. Also, BAPCPA provides that a discharge will be disallowed if a debtor has received a discharge in a case under chapter 7, 11 or 12 in the four-year period preceding the filing of the petition or in a case under chapter 13 in the two-year period preceding the filing of the petition.

Any creditor seeking to have a claim characterized as nondischargeable must file a complaint in the debtor's bankruptcy proceeding. This must generally be done no later than 60 days after the first date set for the meeting of creditors under § 341(a).¹⁴⁹ If a claim is listed and the creditor has notice of the meeting of creditors but the creditor fails to timely object, the claim will be discharged.¹⁵⁰ The party alleging an exception to...