Contesting discharge of debt based on the Concept of False Representation

The discharge-ability of debts can be contested by way of an adversary proceeding. This would be an action that a creditor would bring on a debtor when the creditor believes that the debt owed to the creditor is non-dischargeable based on some specific factual conduct by the debtor. All such actions of this nature are found under section 523 of the U.S. Bankruptcy code, 'Exceptions to discharge'.

One such exception to discharge, deals with false representations and for the purposes of this blog discussion, I will briefly touch base on this particular action as it tends to be the most common type in bankruptcy proceedings.

People applying for money loans, credit cards, car loans, credit extension, credit renewal or refinancing of credit etc., supply information to the creditor, that if for example, was intended to deceive the creditor, are the types of facts that matter on a section 523 action. Those false representations are the basis of the creditor's action against the debtor in attempting to have that debt be declared non-dischargeable. The person applying for a credit card for example, may have intentionally falsely purported facts about their income, of which the creditor justifiably relied upon to give them the credit card. This is just one of many examples that are litigated in an adversary proceeding as false representations is a very come type of section 523(a)(2)(A) case.

False representations exhibit a debtor's express misrepresentation and the elements that must be proved by the creditor against the debtor by a preponderance of the evidence are roughly as follows: that the debtor made false representation(s) that they know were false at the time they made them, that the debtor intended to deceive the creditor of which the creditor relied on that representation(s) and that the creditor's loss was the proximate result of that debtor's misrepresentation.

The purpose of this blog is not to provide legal advice, but to merely give you an understanding that if you intend on pursuing a bankruptcy, there are many complexities and nuances and that some issues, if not identified prior to a bankruptcy filing can create major problems on the debtor who files for bankruptcy relief. I always find it best advice to hire an attorney who specializes in bankruptcy law, as there are too many pitfalls that await an individual who is not fully prepared to understand all the potential issues.

If you are struggling with too much debt, being garnished by a debt collector, medical debt, behind on mortgage payment, behind on vehicle payments etc., then please CALL US TODAY at 989-891-9780 for your free initial bankruptcy consultation. It is always good due diligence on your part to know all your options at your disposal to deal with this financial distress you find yourself in.

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