Legal Question in Bankruptcy in Vermont
Re: Chapter 7 in VT
I am a creditor to a Chapter 7 case filed in VT. My interest is a collection of a judgment which came from a VT Superior Court.(involving wrongful acts). Athough I have been assured that my interest is a nondischargable debt, has a VT Bankruptcy court ever overruled a VT Superior court judgement? And how long can a person tie up assets using Chaper 7? (Was filed 5/01)
1 Answer from Attorneys
Re: Chapter 7 in VT
In general, whether a debt is dischargeable is determined by
federal law, not state law. The determination as to the dischargeability of a
debt is usually made in an adversary proceeding in the bankruptcy case.
In answer to your second quesion, most Ch7 cases are what are called "no asset" cases
where the debtor does not have non-exempt assets for a trustee to sell and distribute the proceeds to
creditors. Exemptions vary from state to state and a debtor can also opt to use the
federal exemptions. Debtors may also avoid judgement liens against their property in the
bankruptcy court if they can show that the lien impairs exemptions which they are entitled to.
This is a real "bare bones" answer and you should probably seek competent bankruptcy advice
to protect your interests.
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