Determining Dischargeability In Bankruptcy Cases

A proceeding to determine the dischargeability of a debt is done by filing an adversarial complaint. The complaint can be filed by either a debtor or a creditor. It must be filed, generally, not later than 60 days after the first date set for the meeting of creditors. Under Federal Rule of Bankruptcy Procedure 4007, the time in which to file the adversarial complaint may be extended. The party bring the adversarial complaint has the burden of proof. The standard of proof is a preponderance of the evidence. Generally, a Judgment by a non-bankruptcy court will have a preclusive effect on the determination of the dischargeability of a debt. This is due to the doctrine of res judicata and/or collateral estoppel.