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Question: PNC was in a monestery
523(a)(3) deals with unlisted creditors and non-dischargeable claims. (NO Time limit)
(3)neither listed nor scheduled under section 521(a)(1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit
(A)
if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or
(B)
if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request
Beezley is for no asset 7 discharging unlisted creditors with contractual obligations.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
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To: cdcbaa
Sent: Fri, Oct 19, 2018 11:28 am
Subject: [cdcbaa] Question: PNC was in a monestery
This scenario reads like a bad law school exam, but here we go.
The PNC loaned debtor $10,000 in 2010 and entered the monastery. While in the monastery, Debtor gains access to PNCs bank account and withdraws numerous funds from the account between 2010 and late 2011, totaling about $38,000. Then, Debtor files a no asset Chapter 7 BK in 2012, and does not list PNC. PNC was still in monastery. (Yes, I understand the rule in Beezley).
However, PNC has received repayments from Debtor in 2017, presumably on the debt/unauthorized withdrawals totaling $2,400. In 2018, PNC has recently emerged from monastery and discovered the fraud against him. He will testify that while in the monastery he was completely cut off from the world and was therefore unable to discover the fraud until now.
Is PNC discharged in the Chapter 7 from 2012? Can he reopen the Chapter 7 and filed an adversarial for the 523 fraud non-dischargability of the debt?I would appreciate your thoughts.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
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523(a)(3) deals with unlisted creditors and non-dischargeable claims. (NO Time limit)
(3)neither listed nor scheduled under
The post was migrated from Yahoo.
This scenario reads like a bad law school exam, but here we go.
The PNC loaned debtor $10,000 in 2010 and entered the monastery. While in
the monastery, Debtor gains access to PNCs bank account and withdraws
numerous funds from the account between 2010 and late 2011, totaling about
$38,000. Then, Debtor files a no asset Chapter 7 BK in 2012, and does not
list PNC. PNC was still in monastery. (Yes, I understand the rule in
Beezley).
However, PNC has received repayments from Debtor in 2017, presumably on
the debt/unauthorized withdrawals totaling $2,400. In 2018, PNC has
recently emerged from monastery and discovered the fraud against him. He
will testify that while in the monastery he was completely cut off from the
world and was therefore unable to discover the fraud until now.
Is PNC discharged in the Chapter 7 from 2012? Can he reopen the Chapter 7
and filed an adversarial for the 523 fraud non-dischargability of the debt?
I would appreciate your thoughts.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Please consider the environment before printing this e-mail.
The post was migrated from Yahoo.