Answered AP Complaint but want to just give Creditor the Judgement of Non dischargabi

[montana59451]

A creditor filed a non dischargability AP against my wife whose only income is SSD. They cannot collect anyway. She tried to make a small settlement with the creditor but they just want the whole thing period.

She answered the complaint and the judge ordered a pre-trial conference (scheduled for today). Can she just tell the judge that she cannot work out anything with the creditor and take the non-dischage of this debt?

The AP is only for $8600 and does not seem like it would be worth it for the creditor (for the cost of the attorney). We could not afford an attorney for this AP so it is pro se.

Any advice?

[keptdigging]

What are the facts of this case? APs are hard for creditors to prove. Unless it's a slam dunk for them, I'd make them prove their case.

The judgement lasts a long time and financial circumstances can change. That's why they're pursuing this. I'd take a stab at fighting it. And who knows what the judge will feel.

[NEbankruptcy]

I think your wife should continue this action and receive a discharge. The creditor's ability to get a judge to deny dischargeability is very difficult. Did your wife do something fraudulent against this creditor? Did she incur the debt 90 days prior to the bankruptcy filing? These are the only reasons the creditor would be successful.