1. The Debtor is entitled to a discharge (to eliminate the debt) even though he broke his promise to pay. “There would be no bankruptcy if it was not for broken promises.”
2. In many instances the Debtor can discharge a debt even if he lied to the creditor. e.g. The Debtor told the Creditor, “I own this apartment building and have no mortgage, I can easily repay the money that you loan me.” In this instance this statement must have been in writing otherwise it will not be relevant in a complaint for non-dischargeability.
3. The Debtor can discharge a debt even if he was negligent and caused property damage or personal injury.
4. The Debtor can discharge a debt caused by his own wrongdoing if the debt is too old. (Remember breaking a promise to pay a loan is not enough wrongdoing to prevent the Debtors discharge)
5. The Debtor can discharge a debt based on his own wrongdoing if the Creditor sued the Debtor in another Court and lost.
6. The Debtor can discharge a debt based on his own wrongdoing if the Creditor sued the Debtor in another Court but failed to sue for the wrongdoing.
7. The Debtor can discharge a debt based on his own wrongdoing if the Creditor was not totally honest. (“unclean hands”).
8. The Debtor can discharge a debt even if he misled the Creditor if it was unintentional or if the Creditor should have known the truth or investigated on his own or if it was not a major factor in the Creditors decision to make the loan.
2. In many instances the Debtor can discharge a debt even if he lied to the creditor. e.g. The Debtor told the Creditor, “I own this apartment building and have no mortgage, I can easily repay the money that you loan me.” In this instance this statement must have been in writing otherwise it will not be relevant in a complaint for non-dischargeability.
3. The Debtor can discharge a debt even if he was negligent and caused property damage or personal injury.
4. The Debtor can discharge a debt caused by his own wrongdoing if the debt is too old. (Remember breaking a promise to pay a loan is not enough wrongdoing to prevent the Debtors discharge)
5. The Debtor can discharge a debt based on his own wrongdoing if the Creditor sued the Debtor in another Court and lost.
6. The Debtor can discharge a debt based on his own wrongdoing if the Creditor sued the Debtor in another Court but failed to sue for the wrongdoing.
7. The Debtor can discharge a debt based on his own wrongdoing if the Creditor was not totally honest. (“unclean hands”).
8. The Debtor can discharge a debt even if he misled the Creditor if it was unintentional or if the Creditor should have known the truth or investigated on his own or if it was not a major factor in the Creditors decision to make the loan.