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Are there any exceptions to the deadline set forth in=
I don't believe that there is any statute of limitations on a turnover action. Thus, the trustee can go and marshall the assets that were hidden and administer them.
And there is a rather famous agency under the Department of Justice that will be interested in this fact pattern.
On Thursday, October 9, 2014 9:23 AM, "'Patrick Green' pat@fitzgreenlaw.com [cdcbaa]" wrote:
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
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, October 08, 2014 9:54 PM
To: cdcbaa
Subject: Re: [cdcbaa] Are there any exceptions to the deadline set forth in 727(e)?
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
>Error! Filename not specified.
>
>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.**
>>
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