The bankruptcy discharge granted to a debtor prevents a creditor with a dischargeable claim from pursuing the debtor anytime in the future with respect to that claim. Some kinds of claims are non­dischargeable so the creditor does not have to take any action to protect the claim. Examples are child support, student loans, criminal restitution, and judgments arising from drunk driving. The non­secured creditor may file an adversary proceeding requesting the court to find that the debt be determined to be non­dischargeable under the Bankruptcy Code. The proceeding should be filed for non­support claims arising from divorce or if a creditor claims the debt arose from the debtor's fraud or dishonesty. The creditor must file a complaint within 60 days of the date set for the first meeting of the creditors. Non­discharge actions generally favor the discharge of the debt except perhaps debts arising from divorce. However, if the court finds that the debt is dischargeable it may require the creditor to pay the debtor the costs, including reasonable attorney fees, of the complaint, if it was not substantially justified.

Collections-Creditors Rights Sub-categories

Chex Systems Collections Debt Collections Enforcement of Judgments Fair Credit Reporting Act Fair Debt Collection Practices Act

Identity Theft Judicial Remedies Mortgage Foreclosure Non-Judicial Remedies Secured Transactions Types of Creditors