Sunday, November 23, 2014

In a letter from Citi, it states: If you include this debt in a bankruptcy filing, we are entitled to introduce this Agreement into evidence...

Question

In a letter from Citi, it states: If you include this debt in a bankruptcy filing, we are entitled to introduce this Agreement into evidence in any proceedings brought under Section (a)(2)(A).

I have searched everywhere but can't find out what Section 253 is in regards to. Can you help?



Answer

11 USC 523 refers to the bankruptcy code and exceptions to discharge. 523(a)(2)(A) excepts from discharge a debt obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or insider's financial condition (covered in (B).

To have a court rule that a debt is non-dischargeable, creditor must bring an adversary action in the bankruptcy case.



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