One area of bankruptcy law where creditors’ attorneys and other credit professionals need to keep abreast of developments in order to better advise our clients in the credit industry relates to dischargeability. Getting a claim excepted from discharge dramatically changes the calculus for bankrupt debtors and is a valuable tool for negotiating some settlement for post-bankruptcy payments or otherwise getting such claims paid. For this reason, it is not surprising that creditors with viable arguments to except their claims are typically quite aggressive about pursuing the exception through an adversary proceeding in the bankruptcy court.
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