Explain the right and the process by which a creditor can bring an action against a debtor to declare certain debts nondischargeable

Question

What will be an ideal response?

Answer 1

The trustee may file an adversary proceeding against the debtor to ask the court to deny discharge or dismiss the case if the debtor has been uncooperative or dishonest with the trustee. However, generally, a creditor will initiate an action to determine nondischargeability of a particular debt most often. The types of debt for which a creditor will initiate such an action involve debt incurred by the alleged fraud, willful and/or malicious conduct, defalcation, or asset division by way of a divorce.

The party bringing the action is known as the plaintiff, and the party against whom the complaint is brought is referred to as the defendant. The plaintiff files a formal complaint with the court, and that complaint is served on the defendant. The bankruptcy court maintains the case under its own separate docket number known as an adversary number. This unique adversary number will be listed just below the docket number for the main bankruptcy case on any pleading concerning the adversary proceeding.