.jpg)
Dischargeability of SLAPP fee awards
These are two cases you want to look at.
In re Findley, 593 F. 3d 1048 - Court of Appeals, 9th Circuit 2010
In re Searcy, 463 BR 888 - Bankr. Appellate Panel, 9th Circuit 2012
Anything I say is a guess since I didn't do thorough research/analysis but
based on those cases I would have to say SLAPP is dischargeable.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Sun, Jun 15, 2014 at 8:46 AM, jhayes@hayesbklaw.com [cdcbaa] wrote:
>
>
> There have two recent, meanie past couple years, I remember where it was
> fees owing the state bar arising from a discipline proceeding. Even it
> seems to me to be clear that the fine is reimbursement, and therefore
> discharged, the bap said it's just how they computed the fine, not really
> reimbursement. It's intended as punishment, not reimbursement. Nonsense if
> you ask me. Is your case payable to the gov?
>
>
These are two cases you want to look at.In re Findley, 593 F. 3d 1048 - Court of Appeals, 9th Circuit 2010In re Searcy, 463 BR 888 - Bankr. Appellate Panel, 9th Circuit 2012
Anything I say is a guess since I didn't do thorough research/analysis but based on those cases I would have to say SLAPP is dischargeable.
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
The post was migrated from Yahoo.
Almost certainly dischargeable. It is a civil award of attorney's fees, the procedure is summary and the standard is not remotely like anything else in 523.
Jason
Sent from my iPhone
> On Jun 14, 2014, at 11:46 AM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>
>
>
> Are fees awarded against a debtor pursuant to SLAPP dischargeable? I have a PNC that received a judgment to pay attorneys fees of her employer (a government entity) as a result of the SLAPP statute. I just wonder if this falls under 523(a)(7) as a fine owed to or for the benefit of a governmental unit.
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
>
The post was migrated from Yahoo.
I think the key word is "fine". I would check case law on what classifies it as a fine.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
Date:06/14/2014 11:47 AM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Dischargeability of SLAPP fee awards
Are fees awarded against a debtor pursuant to SLAPP dischargeable? I have a PNC that received a judgment to pay attorneys fees of her employer (a government entity) as a result of the SLAPP statute. I just wonder if this falls under 523(a)(7) as a fine owed to or for the benefit of a governmental unit.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
I think the key word is "fine". I would check case law on what classifies it as a fine.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited.
If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-------- Original message --------
ahoogroups.com>
Date:06/14/2014 11:47 AM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Dischargeability of SLAPP fee awards
Are fees awarded against a debtor pursuant to SLAPP dischargeable? I have a PNC that received a judgment to pay attorneys fees of her employer (a government entity) as a result of the SLAPP statute. I just wonder if this falls under 523(a)(7) as a fine owed
to or for the benefit of a governmental unit.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use
of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.