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Late-discovered fraud discharged?
A real estate transaction would provide record notice of the transaction, that B could relatively easily have verified. Section 727(d) would be the only available remedy, but I'm betting the case was closed more than a yearago if the discharge was entered 3 years ago. A likely gets away with it in the bankruptcy context. Criminal prosecution for fraud with restitutionafter conviction is the only potential remedy I can think of.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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In a message dated 9/23/2014 5:58:44 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
They were aware and were notified.
Is there no exception for fraud that isn't or can't be discovered until
after the discharge?
On Tuesday, September 23, 2014 5:49 PM, "jesseelaw@aol.com [cdcbaa]"
wrote:
Were B or asset corp aware of A's bankruptcy filing, such that they could have timely filed a proof of claim or objection to discharge? If yes, thedebt was discharged, if no its a 523(a)(3) situation.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THISMESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 9/23/2014 5:42:19 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Gentle listserve members:
A and B are partners owning a variety of entities and real properties.
Their main asset is Management Corp, which owns, inter alia, Asset Corp. Asset Corp, in turn, owns Blackacre, a piece of real property. Prior to filing
bankruptcy, and without notice to B, A transfers Blackacre from Asset Corpto ShadyCorp, his own corporation, for no consideration. Neither the
transfer nor the ownership of ShadyCorp is reported on A's schedules, which
several individuals on the federal government payroll find highly interesting
after Blackacre sells to a third party for mucho dinero, but that's not
where I'm going.
Prior to A's bankruptcy petition, B asks A about Blackacre, and A says
that it has been foreclosed on for no money back. Three years after A's
bankruptcy discharge, B discovers the fraudulent transaction. Under California
law, it seems clear that the statute of limitations for a fraud claim starts
on the day that B discovers the transaction.
My question: if B or Asset Corp sues A for fraud in state court now, can Aclaim that the debt was discharged?
I have looked and cannot find a case on point.
- John D. Faucher
818/889-8080
A real estate transaction would provide record notice of the transaction,
that B could relatively easily have verified. Section 727(d) would be the
only available remedy, but I'm betting the case was closed more than a year
ago if the discharge was entered 3 years ago. A likely gets away with it
in the bankruptcy context. Criminal prosecution for fraud with restitution
after conviction is the only potential remedy I can think of.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 9/23/2014 5:58:44 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
The post was migrated from Yahoo.
They were aware and were notified.
Is there no exception for fraud that isn't or can't be discovered until after the discharge?
On Tuesday, September 23, 2014 5:49 PM, "jesseelaw@aol.com [cdcbaa]" wrote:
Were B or asset corp aware of A's bankruptcy filing, such that they could
have timely filed a proof of claim or objection to discharge? If yes, thedebt was discharged, if no its a 523(a)(3) situation.
Mark T.
Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W.
Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805)
497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 9/23/2014 5:42:19 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
>Gentle listserve members:
>A and B are partners owning a variety of entities and real properties. Their main asset is Management Corp, which owns, inter alia, Asset Corp. Asset Corp, in turn, owns Blackacre, a piece of real property. Prior to filing bankruptcy, and without notice to B, A transfers Blackacre from Asset Corp to ShadyCorp, his own corporation, for no consideration. Neither the transfer nor the ownership of ShadyCorp is reported on A's schedules, which several individuals on the federal government payroll find highly interesting after Blackacre sells to a third party for mucho dinero, but that's not where I'm going.
>Prior to A's bankruptcy petition, B asks A about Blackacre, and A says that it has been foreclosed on for no money back. Three years after A's bankruptcy discharge, B discovers the fraudulent transaction. Under California law, it seems clear that the statute of limitations for a fraud claim starts on the day that B discovers the transaction.
>My question: if B or Asset Corp sues A for fraud in state court now, can A claim that the debt was discharged?
>I have looked and cannot find a case on point.
>- John D. Faucher
>818/889-8080
The post was migrated from Yahoo.
Were B or asset corp aware of A's bankruptcy filing, such that they could have timely filed a proof of claim or objection to discharge? If yes, the debt was discharged, if no its a 523(a)(3) situation.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THISMESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 9/23/2014 5:42:19 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Gentle listserve members:
A and B are partners owning a variety of entities and real properties.
Their main asset is Management Corp, which owns, inter alia, Asset Corp. Asset
Corp, in turn, owns Blackacre, a piece of real property. Prior to filing
bankruptcy, and without notice to B, A transfers Blackacre from Asset Corpto ShadyCorp, his own corporation, for no consideration. Neither the
transfer nor the ownership of ShadyCorp is reported on A's schedules, which
several individuals on the federal government payroll find highly interesting
after Blackacre sells to a third party for mucho dinero, but that's not where
I'm going.
Prior to A's bankruptcy petition, B asks A about Blackacre, and A says
that it has been foreclosed on for no money back. Three years after A's bankruptcy discharge, B discovers the fraudulent transaction. Under California
law, it seems clear that the statute of limitations for a fraud claim
starts on the day that B discovers the transaction.
My question: if B or Asset Corp sues A for fraud in state court now, can Aclaim that the debt was discharged?
I have looked and cannot find a case on point.
- John D. Faucher
818/889-8080
Were B or asset corp aware of A's bankruptcy filing, such that they could
have timely filed a proof of claim or objection to discharge? If yes, the
debt was discharged, if no its a 523(a)(3) situation.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 9/23/2014 5:42:19 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
The post was migrated from Yahoo.
Gentle listserve members:
A and B are partners owning a variety of entities and real properties. Their main asset is Management Corp, which owns, inter alia, Asset Corp. Asset Corp, in turn, owns Blackacre, a piece of real property. Prior to filing bankruptcy, and without notice to B, A transfers Blackacre from Asset Corp to ShadyCorp, his own corporation, for no consideration. Neither the transfer nor the ownership of ShadyCorp is reported on A's schedules, which several individuals on the federal government payroll find highly interesting after Blackacre sells to a third party for mucho dinero, but that's not where I'm going.
Prior to A's bankruptcy petition, B asks A about Blackacre, and A says that it has been foreclosed on for no money back. Three years after A's bankruptcy discharge, B discovers the fraudulent transaction. Under California law, it seems clear that the statute of limitations for a fraud claim starts on the day that B discovers the transaction.
My question: if B or Asset Corp sues A for fraud in state court now, can A claim that the debt was discharged?
I have looked and cannot find a case on point.
- John D. Faucher
818/889-8080
The post was migrated from Yahoo.