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Objection to claim for intentional tort
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I have not seen that happen in many years, but Bk Ct may hold on to ALL
pre-trial proceedings and send it up only for trial.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Jim Selth
Sent: Tuesday, June 02, 2009 11:42 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] RE: Objection to claim for intentional tort
I have a Chapter 13 debtor where his ex-wife filed a Proof of Claim for $1
million described only as "Intentional Tort". It arises out of an alleged
assault and battery claim (denied by our client), which was pending in state
court when the bankruptcy case was filed. I've filed an Objection to the
Claim as deficient, but assuming it's amended to set forth a factual basis,
wouldn't that contested matter be referred by the bankruptcy judge to the
District Court under 28 U.S.C. 157(b)(5)? Has anyone gone through that
process?
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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Message
I have not seen that happen
in many years, but Bk Ct may hold on to ALL pre-trial proceedings and send it up
only for trial.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I have a Chapter 13 debtor where his ex-wife filed a Proof of Claim for $1 million described only as "Intentional Tort". It arises out of an alleged assault and battery claim (denied by our client), which was pending in state court when the bankruptcy case was filed. I've filed an Objection to the Claim as deficient, but assuming it's amended to set forth a factual basis, wouldn't that contested matter be referred by the bankruptcy judge to the District Court under 28 U.S.C. 157(b)(5)? Has anyone gone through that process?
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
I have a Chapter 13 debtor where his ex-wife filed a Proof of
Claim for $1 million described only as "Intentional Tort". It
arises out of an alleged assault and battery claim (denied by our client),
which was pending in state court when the bankruptcy case was filed. I've
filed an Objection to the Claim as deficient, but assuming it's amended to set
forth a factual basis, wouldn't that contested matter be referred by the
bankruptcy judge to the District Court under 28 U.S.C. 157(b)(5)? Has
anyone gone through that process?
James R. Selth
The post was migrated from Yahoo.