There are ten categories of debt excluded from discharge under 523. These fall into two areas: debts that are not dischargeable due to wrongful conduct of debtor and debts that are not dischargeable due to public policy.

The debts not dischargeable due to debtor's misconduct include those created by intentional torts, fraud, larceny, embezzlement, fiduciary violations, and drunken driving. The debts not dischargeable due to public policy include alimony and child support, taxes and customs duties, governmental fines, penalties and forfeitures, educational loans, unscheduled debts and certain debts surviving a prior bankruptcy case. A claim must fall within one of these exceptions to be found non-dischargeable.

To prevail on a fraud exception, creditor would need to show that there was a false, material representation of fact made by debtor that debtor knew was false at time he made it, made with intention of deceiving creditor. Some courts have held that when a credit card is used, debtor impliedly represents that debtor has ability and intention to pay for goods and services charged. Those courts have therefore found that some credit card debt is non-dischargeable under fraud exception.

This is not only potential problem that can arise with credit card or similar debt. 523 also provides that there is a presumption that certain consumer debt created right before filing a Chapter 7 is non-dischargeable. The presumption of non-dischargeability will apply if debt is a consumer debt for so-called "luxury goods or services" incurred or within 40 days before filing, owing to a single creditor aggregating more than $500. Further, presumption of non-dischargeability will apply if there are cash advances made by a creditor for more than $1000 that are extensions of consumer credit under an open end credit plan within 20 days of filing bankruptcy.

Luxury goods and services are not defined by Bankruptcy Code and determination of same will be contingent upon facts and circumstances of each case. I can tell you that courts have characterized such items as a person computer, coffee maker, floral arrangements and three-wheel recreational vehicle as "luxury" items.

Any credit extended based on false financial statements is subject to exception from discharge. Statements made in financial statements have to be materially false with intent to deceive creditor to fall within this exception. Note that a credit application should not qualify as a "financial statement" if it does not require a disclosure of debts.

It is crucial for debtor to include all creditors in his schedules filed with court. If a debtor knows of creditor and does not schedule him, creditor is denied participation in any distribution; to protect creditor from this type of problem, code provides that unscheduled claims may be non-dischargeable.

Debts created by willful and malicious injury will also be excepted from discharge. These types of claims arise from intentional actions by debtor, done with malice which causes damage. It is important to note that ordinary negligence claims are dischargeable. A plaintiff with a personal injury claim would need to allege significantly more than simple negligence to have his or her claim deemed non-dischargeable in bankruptcy court.

Dismissal may also be justified if debtor is an individual who has primarily consumer debt and court finds that granting of relief would be a substantial abuse of bankruptcy process. Substantial abuse has been found by courts if debtor is actually able to pay his debts when due.

Pattern: Royal Lace

The Hazel-Atlas Glass Company began producing Royal Lace during 1934 as a set consisting of 28 pieces. Today, Royal Lace holds honor of being some of costliest Depression glass that collectors covet. Hazel-Atlas manufactured Royal Lace in crystal (clear) and in five colors: green, yellow, pink, blue, and burgundy. The most desirable color consistently proves to be blue, called Ritz Blue by company, which actually came about as an economic accident.

When General Mills ended a deal with Hazel-Atlas’ using blue-colored glass in a Shirley Temple promotional campaign in 1936, Hazel-Atlas simply poured leftover vats of molten blue glass into its existing Royal Lace molds to avoid wasting it. An instant success resulted. Blue Royal Lace Depression Glass reigns to this day as 1 of most sought after and is now 1 of most expensive of all other Depression Glass patterns.

These samplings of interesting Depression Glass trivia make collecting it all that more appealing. After all, how many other pieces of glassware can be found in people’s homes that come with a ready-made story – at least those people in median income range (We’re not talking Tiffany or Lalique here!)? And these have been gleaned from a mere sampling of plethora of Depression Glass designs that have survived over years. Imagine what stories can be found!

The next time you gaze at that lovely piece of Depression glass resting in window of your favorite antique dealer or – if you’re lucky – sitting on a dusty shelf at a flea market just waiting for you to discover it, remember: Whatever pattern it is, a good chance exists that it, too, will have a fascinating history.

So take a chance. Buy it! Until next time,

Murray Hughes http://www.DepressionGlassSecrets.com

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