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Are there any exceptions to the deadline set forth in 727(e)?
Holly:
See FRBP 9024 which states that FRCP 60 (which allows extension of time for newly discovered evidence which could not reasonably have been discovered earlier) does not apply to 727(e).
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
I don't know what opposite really means but the contrapositive is always
logically true.
If the case had assets which were distributed *to creditors* then
unscheduled debt is basically nondischargeable (some showings need to be
made).
There is a gray area because (1) this is not math or logic and (2) the law
of excluded middle does not apply to these types of things. An obvious
example is what if it's an "asset case" but no distributions where made to
creditors because the case is administratively insolvent. This issue is
undecided in this circuit and I don't believe it's been decided in *any*
circuit.
I'd be curious to find out what a Trustee can do if it finds a hidden asset
3 years after the debtor was discharged and the case was closed. I bet you
if it is worth a lot of $$ there would at least be some litigation to
administer the asset. I would also bet there are some white collar crime
issues in this fact pattern.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Oct 8, 2014 at 9:53 PM, Holly Roark hollyroark22@gmail.com [cdcbaa]
wrote:
>
>
> So even though *In re Beezely *holds that an unscheduled debt is still
> discharged in a "no asset" case, we cannot necessarily read this to mean
> the opposite is true, i.e., that an unscheduled debt in an *asset* case
> is NOT discharged. Such an unscheduled debt is discharged notwithstanding
> that the asset had not been disclosed, and may have not been discovered for
> 3 years after discharge, since it is too late to revoke the discharge under
> 727(d)/(e). So, the CH 7 Tee can still administer the asset, but the debt
> is still discharged.
>
> Am I reading this right?
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
> On Wed, Oct 8, 2014 at 8:57 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> yes, there is no exception.
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
>> 310-328-1001-voice
>> [image: cid:part1.03050307.05030101@bklaw.com]
>>
>> On Oct 8, 2014, at 8:23 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] > cdcbaa@yahoogroups.com> wrote:
>>
>>
>>
>> What if creditor or trustee finds out 3 years after discharge that the
>> debtor hid a bunch of assets? Is he still barred by 727(e) from filing a
>> case to revoke the discharge because of the one year limitation?
>>
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
>
I don't know what opposite really means but the contrapositive is always logically true.If the case had assets which were distributed to creditors then unscheduled debt is basically nondischargeable (some showings need to be made).There is a gray area because (1) this is not math or logic and (2) the law of excluded middle does not apply to these types of things. An obvious example is what if it's an "asset case" but no distributions where made to creditors because the case is administratively insolve
The post was migrated from Yahoo.
So even though *In re Beezely *holds that an unscheduled debt is still
discharged in a "no asset" case, we cannot necessarily read this to mean
the opposite is true, i.e., that an unscheduled debt in an *asset* case is
NOT discharged. Such an unscheduled debt is discharged notwithstanding that
the asset had not been disclosed, and may have not been discovered for 3
years after discharge, since it is too late to revoke the discharge under
727(d)/(e). So, the CH 7 Tee can still administer the asset, but the debt
is still discharged.
Am I reading this right?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Wed, Oct 8, 2014 at 8:57 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>
>
> yes, there is no exception.
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Oct 8, 2014, at 8:23 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> What if creditor or trustee finds out 3 years after discharge that the
> debtor hid a bunch of assets? Is he still barred by 727(e) from filing a
> case to revoke the discharge because of the one year limitation?
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
So even though In re Beezely holds that an unscheduled debt is still discharged in a "no asset" case, we cannot necessarily read this to mean the opposite is true, i.e., that an unscheduled debt in an asset case is NOT discharged. Such an unscheduled debt is discharged notwithstanding that the asset had not been disclosed, and may have not been discovered for 3 years after discharge, since it is too late to revoke the discharge under 727(d)/(e). So, the CH 7 Tee can still administer the asset, but the debt is still discharged. Am I reading this right? Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.
yes, there is no exception.
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 8, 2014, at 8:23 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] wrote:
>
> What if creditor or trustee finds out 3 years after discharge that the debtor hid a bunch of assets? Is he still barred by 727(e) from filing a case to revoke the discharge because of the one year limitation?
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> and Sports Lawyer
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
The post was migrated from Yahoo.
What if creditor or trustee finds out 3 years after discharge that the
debtor hid a bunch of assets? Is he still barred by 727(e) from filing a
case to revoke the discharge because of the one year limitation?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
What if creditor or trustee finds out 3 years after discharge that the debtor hid a bunch of assets? Is he still barred by 727(e) from filing a case to revoke the discharge because of the one year limitation?Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.