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FW: Why is a pending AP not discharged
The beginning of Section 523(a) and Section 523(c)(1).
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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I have a crazy situation where I got relief to litigate dischargeability
issues in state court where other causes of action were pending on the same
common nucleus of facts. The state court judge wanted the complaint to be
amended to include the bankruptcy causes of action under 523.
Then the defendant demurs to the amended complaint because the
Debtor/Defendant receives her discharge order. We filed the timely 523
action in bankruptcy court where the AP is stayed pending resolution of the
state court action.
The demurrer claims the state court action is moot and the state court has
no jurisdiction to hear the matter due to the discharge order.
I know this comes from left field, but I'm having trouble getting started to
show that an AP pending excludes the debt from discharge pending the
outcome. It says so right on the order, but I was wondering if anyone knows
the statutory or rules basis for why Debtor/Defendant is wrong. Can anyone
help out?
Also, does anyone know any good cases on jurisdiction that may be
applicable?
Steve
Law Offices of Steven B. Lever
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