WHAT IF A CREDITOR IS UNSECURED AND SUSPECTS SOME IMPROPRIETY ON THE PART OF THE DEBTOR?
He should speak to an attorney about the matter immediately! Certain actions on the part of the debtor can give rise to his not obtaining a discharge, or the dischargeability of a particular debt can be denied. Unfortunately, there is a very short period of time (90 days by court order in Wyoming) during which most of these issues must be raised or they are lost. The statute of limitations is strictly enforced. 17. HOW ARE ISSUES OF NONDISCHARGEABILITY RAISED? Just like in non-bankruptcy cases–by lawsuit. The bankruptcy court tries these cases called adversary proceedings. They are filed by the creditor, and the debtor is treated like a defendant in a civil suit. Most debtors’ attorneys charge extra for representation in adversary proceedings. If the creditor is successful in his challenge, the bankruptcy court will award judgment in his favor which is the same as any judgment in any other court. An action of this sort must be considered carefully, as there are instances when penaltie
