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So I'm not the worlds greatest when it comes to bankruptcies. I dont read much on bankruptcies but I happened to find this. Short story, debtor commited ID Theft and opened an account in family members name, served jail time and was sued by the US AG. This account was not included in that suit for some reason. We had her served with garnishment papers and she responded with a chapter 7. Since she commited actual fraud on this account it would seem to me that it can not be discharged under her bankruptcy, am I wrong?

http://www.law.cornell.edu/uscode/ht...3----000-.html

TITLE 11 > CHAPTER 5 > SUBCHAPTER II > § 523

(a) A discharge under section 727, 1141, 1228 (a), 1228 (B), or 1328 (B) of this title does not discharge an individual debtor from any debt—

§ 523. Exceptions to discharge

(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—

(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition;

Judgment is located in GA.

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1. How did you garnish her for an account that was in someone else's name?

2. Would it be possible at this juncture to amend the restitution order to include the account in question (as a backup plan to fighting the discharge)?

3. It would seem you've got her ... fraudulent debt should not be subject to the Chapter 7 discharge.

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You would have to prove to the BK Trustee at the 341 mtg that the acct was fraud. If you fail to do so, he WILL discharge the debt and you are just as screwed as the debtors you screw with default judgments.

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