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Vincent Edward Pialet & Valerie Kay Pialet, Ch. 7, BK11-42455-TLS (May 6, 2013)

The bankruptcy court denied the debtors’ motion to reopen their Chapter 7 bankruptcy case to list a judgment creditor and determine the dischargeability of that debt. Under § 523(a)(3), the state court that issued the judgment has concurrent jurisdiction to determine the debt’s dischargeability because discharge is an affirmative defense, so there is no reason to have the bankruptcy court involved as well.

Monday, May 6, 2013