What/why can a judge forgive debt?

[jbach]

What is the name of your state (only U.S. law)? Georgia

I don't see how a judge can forgive someone else from paying me. How about if we get the judge to pay me instead?

What kind of debts can be erased by a bankruptcy? I had a tenant who willfully destroyed some property, and took off from paying rent. I think what she'll do after I get a judgement and garnish her wages, is declare bankruptcy. But what kind of debts will a judge dismiss? I heard school loans don't go away. But a debt to someone else, I just don't understand how can a judge just wipe that clean.

I would think someone who does purposeful damage to a property and gets sued for that, would still owe 100% until it's paid.

What's your take on it?

 

[bigun]

Technically, debts discharged in bk are not forgiven. They still exist they're just uncollectable.
In general, any unsecured debt like back rent is eligible for discharge.

My suggestion is just leave it alone. If she files bk do not have any further contact with her. Once she files, she is protected from any collection activity by an automatic stay. Once discharged that stay morphs into a permanent injunction. You violate those and you'll be writing her a check.
You do have the right to file an adverserial proceeding to try and convince a judge that your debt should not be discharged. These can get expensive and if you lose the judge could order you to pay her legal fees.
Consult an attorney before you go down this road.

 

[Prima Facie]

Greetings -

A debt incurred as a result of willful and malicious damage to a creditor's property will not be discharged. (See 11 U.S.C. § 523(a)(6)).

An adversary proceeding is the correct way to determine the dischargeability of a debt, but absent bad faith, attorney's fees will not be awarded to the prevailing party. (See In re Sokolowski, 205 F. 3d 532, 533 (2d Cir. 2000)).