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non-dischargeability issue
I don't suppose your client worked for Marciano of Guess Jeans who sued lots
of employees for embezzlement and they cross complained and received a huge
award?
The employer has to prove that all of the elements of the offense ocurred
and your client did it, to receive a judgment of nondischargeability. Thats
not so easy and lots of the attorneys who take these cases in superior court
are a little uneasy with the federal rules and timelines. My advice to the
client is to throw the dice and file the Bk. They will lose for sure in
superior court if they cannot afford counsel.
Margaret Norman, Attorney
> 111 N. Sepulveda Blvd. #355
> Manhattan Beach, Ca. 90266
> 310-376-7873
>Fax-310-798-9846
> WWW:Margeslaw.com
>
Thu, 17 Dec 2009 16:24:53 -0800 (PST)
miyun lim wrote:
> Listmates,
>
> I have a ch 7 client who is in civil litigation with former
>employer. The former employer alleges that the client embezzled large
>amount of money. However no criminal charge has been filed and was
>told no criminal charge will be filed by the da's office. It appears
>that there are no convincing evidence to support the embezzlement
>allegations. Because the client can no longer able to pay ongling
>civil litigation fees, he is comtemplating filing ch 7. He qualifies
>for ch 7 as the assets and income. My concern is non-dischargebilty
>issue under 523(a). The civil litigation trial is set for early
>March, 2010. What are the expected outcome if the former employer
>files a motion for the non-dischargeability complaints?
>
>
>
> Teri Lim, Esq.
> Law Offices of Miyun Teri Lim
> 3701 Wilshire Blvd. Ste. 1025
> Los Angeles, CA 90010
> (213)389-3557(Office)
> (323) 927-3623 (Fax)
>
>
>
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax-310-798-9846
WWW:Margeslaw.com
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The post was migrated from Yahoo.
Depends on judge. Most grant relief, saying they don't have time to be a trial judge. If you are lucky and get our first judge of the year, Judge Bufford, he will protect the debtor. It is sad, but when I started no Bankruptcy Judge would let a state court make the findings that could bar a discharge.
Dennis
Sent from my iPhone
On Dec 17, 2009, at 4:24 PM, miyun lim wrote:
Listmates,
I have a ch 7 client who is in civil litigation with former employer. The former employer alleges that the client embezzled large amount of money. However no criminal charge has been filed and was told no criminal charge will be filed by the da's office. It appears that there are no convincing evidence to support the embezzlement allegations. Because the client can no longer able to pay ongling civil litigation fees, he is comtemplating filing ch 7. He qualifies for ch 7 as the assets and income. My concern is non-dischargebilty issue under 523(a). The civil litigation trial is set for early March, 2010. What are the expected outcome if the former employer files a motion for the non-dischargeability complaints?
Teri Lim, Esq.
Law Offices of Miyun Teri Lim
3701 Wilshire Blvd. Ste. 1025
Los Angeles, CA 90010
(213)389-3557(Office)
(323) 927-3623 (Fax)
Depends on judge. Most grant relief, saying they don't have time to be a trial judge. If you are lucky and get our first judge of the year, Judge Bufford, he will protect the debtor. It is sad, but when I started no Bankruptcy Judge would let a state court make the findings that could bar a discharge.DennisSent from my iPhoneOn Dec 17, 2009, at 4:24 PM, miyun lim <terilim@yahoo.com> wrote:
Listmates,
I have a ch 7 client who is in civil litigation with former employer. The former employer alleges that the client embezzled large amount of money. However no criminal charge has been filed and was told no criminal charge will be filed by the da's office. It appears that there are no convincing evidence to support the embezzlement allegations. Because the client can no longer able to pay ongling civil litigation fees, he is comtemplating filing ch 7. He qualifies for ch 7 as the assets and income. My concern is non-dischargebilty issue under 523(a). The civil litigation trial is set for early March, 2010. What are the expected outcome if the former employer files a motion for the non-dischargeability complaints?
Teri Lim, Esq. Law Offices of Miyun Teri Lim 3701 Wilshire Blvd. Ste. 1025Los Angeles, CA 90010 (213)389-3557(Office)
(323) 927-3623 (Fax)
The post was migrated from Yahoo.
Listmates,
I have a ch 7 client who is in civil litigation with former employer. The former employer alleges that the client embezzled large amount of money. However no criminal charge has been filed and was told no criminal charge will be filed by the da's office. It appears that there are no convincing evidence to support the embezzlement allegations. Because the client can no longer able to pay ongling civil litigation fees, he is comtemplating filing ch 7. He qualifies for ch 7 as the assets and income. My concern is non-dischargebilty issue under 523(a). The civil litigation trial is set for early March, 2010. What are the expected outcome if the former employer files a motion for the non-dischargeability complaints?
Teri Lim, Esq.
Law Offices of Miyun Teri Lim
3701 Wilshire Blvd. Ste. 1025
Los Angeles, CA 90010
(213)389-3557(Office)
(323) 927-3623 (Fax)
Listmates,
I have a ch 7 client who is in civil litigation with former employer. The former employer alleges that the client embezzled large amount of money. However no criminal charge has been filed and was told no criminal charge will be filed by the da's office. It appears that there are no convincing evidence to support the embezzlement allegations. Because the client can no longer able to pay ongling civil litigation fees, he is comtemplating filing ch 7. He qualifies for ch 7 as the assets and income. My concern is non-dischargebilty issue under 523(a). The civil litigation trial is set for early March, 2010. What are the expected outcome if the former employer files a motion for the non-dischargeability complaints?
Teri Lim, Esq. Law Offices of Miyun Teri Lim 3701 Wilshire Blvd. Ste. 1025Los Angeles, CA 90010 (213)389-3557(Office)
(323) 927-3623 (Fax)
The post was migrated from Yahoo.