523—Exceptions to Discharge. This section is used if the judge decides to disallow a specific debt. A creditor wishing to improve their position is more likely to move for discharge under this section b/c that way, they can take priority over other creditors whose debts have been discharged. If there is global denial of discharge, then a creditor will be in the exact position they were b/4 b/r with all the other creditors, and will be less likely to get paid. Examples of debts that won’t be discharged:
(i) (a)(2)(A)—can’t discharge debt for extension, renewal or refinancing of credit if it was obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or insider’s financial condition. (Ex—might not be able to discharge credit card debt b/c the issuer is entitled to rely on the fact that debtor will pay when they make the charge. The burden is on the debtor to show that they intended to pay when the charge was made.)
(ii) (a)(2)(B)—can’t discharge debt for extension, renewal or refinancing of credit if it was obtained by use of a writing that is materially false, respecting the debtor’s or an insider’s financial condition, on which the creditor reasonably relied and that the debtor caused to be made w/ intent to deceive.
(iii) (a)(5)—can’t discharge debt to spouse, former spouse, or child of the debtor in the nature of alimony to, maintenance for, or support of such spouse or child. This doesn’t apply if the debt has been assigned. Lump sum payments, and payments that go on to death instead of remarriage don’t look like alimony. Payments that coincide w/ kid’s ages will look like child support.
(iv) (a)(15)—can’t discharge debt that is for child support/alimony even if it doesn’t qualify under (a)(5), unless (A) making such payments would require the debtor to be unable to pay child support/alimony or (B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse/child.
(v) (c)(1)—if the creditor wants to prevent discharge under (a)(2), (4), (6) or (15), they have to raise the objection or lose it. Otherwise, nondischargeability is automatic.
(vi) Note: Certain Taxes which are non-dischargeable under (a)(1), and spousal maintenance payments which are non-dischargeable under (a)(5) also take priority under 507.
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