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Discharge and amount of scheduled debt
Please let me know if you find one. Ill add it to the Restatement of the Obvious that Ive been compiling for decades.
More seriously, the Code definition of debt is a good place to start.
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> On May 6, 2019, at 1:33 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
> This is one of those "it's so obvious I can't find a case to prove it" issues.
>
> I'm looking for a case which holds that the entire judgment is discharged even if the balance listed in the Schedules didn't include accrued interest. I've got a pro per creditor who is convinced that only the balance listed in the Schedules is discharged and has started a wage garnishment on the balance. I'm trying to give him one last chance to knock it off before filing my Motion for OSC re contempt.
> Does anyone know of a case I can cite to him?
>
> Jim
>
> James R. Selth
> Weintraub & Selth, APC
> (310) 207-149
> VISIT YOUR GROUP
> Privacy Unsubscribe Terms of Use
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> SPONSORED LINKS
>
>
>
> .
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Section 524(a)(1) ("voids any judgment") seems like a good starting point. Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
To: "cdcbaa@yahoogroups.com"
Sent: Monday, May 6, 2019 1:34 PM
Subject: Re: [cdcbaa] Discharge and amount of scheduled debt
it" issues.
I'm looking for a case which holds that the entire judgment is discharged even if the balance listed in the Schedules didn't include accrued interest. I've got a pro per creditor who is convinced that only the balance listed in the Schedules is discharged and has started a wage garnishment on the balance. I'm trying to give him one last chance to knock it off before filing my Motion for OSC re contempt.Does anyone know of a case I can cite to him?
Jim
James R. Selth
Weintraub & Selth, APC
(310) 207-149
Visit Your Group
SPONSORED LINKS.
The post was migrated from Yahoo.
How about In re Beazley. If creditor is not listed in the schedules or noticed at all in a no asset case, the entire debt is still discharged as long as there is no 523(a)(3) situation. Basic logic flows that if the creditor was listed in the schedules and noticed, the entire debt is discharged. Obviously, the pro se judgment creditor sounds obstinate to accompany his/her ignorance, so it may not matter what authority you cite.
That said did you file a notice of stay in the State Court? I doubt the State Court would issue a writ of execution postpetition if a the notice of stay is on file.
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In a message dated 5/6/2019 1:34:08 PM Pacific Standard Time, cdcbaa@yahoogroups.com writes:
This is one of those "it's so obvious I can't find a case to prove it" issues.
I'm looking for a case which holds that the entire judgment is discharged even if the balance listed in the Schedules didn't include accrued interest. I've got a pro per creditor who is convinced that only the balance listed in the Schedules is discharged and has started a wage garnishment on the balance. I'm trying to give him one last chance to knock it off before filing my Motion for OSC re contempt.Does anyone know of a case I can cite to him?
Jim
James R. Selth
Weintraub & Selth, APC
(310) 207-149
Visit Your Group Privacy Unsubscribe Terms of Use
SPONSORED LINKS
.
How about In re Beazley. If creditor is not listed in the schedules or noticed at all in a no asset case, the entire debt is still discharged as long as there is no 523(a)(3) situation. Basic logic flows that if the creditor was listed in the schedules and noticed, the entire debt is discharged. Obviously, the pro se judgment creditor sounds obstinate to accompany his/her ignorance, so it may not matter what authority you cite.
That said did you file a notice of stay in the State Court? I doubt the State Court would issue a writ of execution postpetition if a the notice of stay is on file.
The post was migrated from Yahoo.