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Discharge after superior court settlement agreement
John: Thank you for your response.
Yes. There is a lack of a judgment in an adversary proceeding
under 523 to make the debt nondischargeable, and the stipulated judgment did not admit to language which could support nondischargeability under 523a2, 4, or 6.
Alan Abergel
>
> I generally agree with David, but I have further questions before I> the same conclusion.
>
> I am assuming that there is a lack of a judgment in an adversary proceeding
> under 523 to make the debt nondischargeable, correct? And I assume that the
> stipulated judgment did not admit to language which could support
> nondischargeability under 523a2, 4, or 6, correct? (the second question is
> actually superfluous " the creditor needs the 523 judgment, not just the
> language in the state court judgment, to enforce the debt).
>
> - John D. Faucher
>
>
> On 11/5/10 1:21 PM, "David Tilem" wrote:
>
> >
> >
> >
> >
> >
> > yes, and
> > yes
> >
> >
> > 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.
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
> >
> >
> > -----Original Message-----
Of Alan
> > Abergel
> > Sent: Thursday, November 04, 2010 5:21 PM
> > To: cdcbaa@yahoogroups.com
> > Subject: [cdcbaa] Discharge after superior court settlement agreement
> >
> >
> > Hi Everyone,
> >
> > Debtor was sued as defendant in the Superior Court
> > Prior to trial, debtor filed a Chapter 7 Petition
> > Plaintiff filed and was granted a relief from stay to continue the litigation
> > in the superior court.
> > Debtor then entered into a settlement agreement and stipulated judgment in the
> > Superior Court. (No LBR 4008-1 reaffirmation agreement form was filed with
> > the bankruptcy court)
> > Debtor is then granted a Discharge by the bankruptcy court.
> > Plaintiff then files a Motion to Enforce the settlement agreement in the
> > superior court.
> >
> > My questions are:
> >
> > 1. Is Plaintiff's conduct a violation of the discharge and contempt of the
> > BK Court's injunction order (the discharge)?
> > 2. If the Superior Court grants the Motion to Enforce the settlement
> > agreement, may the debtor still be able to bring a Motion for Contempt in the
> > BK Court?
> >
> > Thank you in advance for your responses,
> >
> > Alan Abergel, Esq.
> > LAW OFFICES OF ALAN ABERGEL, P.C.
> > 15915 Ventura Blvd., Suite 301
> > Encino, CA 91436
> > Phone: 818-783-4645
> > Fax: 818-235-0159
> > Beverly Hills Office: (310) 779-4537
> > e-mail: alan@...
> > Website: http://abergellaw.com/
> >
> > We are a debt relief agency. We help people file for bankruptcy relief under
> > the Bankruptcy Code.
> >
> > This message (and any attachments) is intended only for the person or entity
> > to which it is addressed, and may contain confidential and/or legally
> > privileged information. If it has been sent to you in error, please reply to
> > advise the sender of the error (by reply e-mail or telephone), then
> > immediately delete this message and any attachments.
> >
> > IRS Circular 230 Notice: To ensure compliance with IRS requirements, we inform
> > you that any U.S. federal tax advice contained in this communication
> > (including any attachments) is not intended or written to be used and cannot
> > be used by any taxpayer for the purpose of (i) avoiding any federal tax
> > penalties, or (ii) promoting, marketing or recommending a transaction (or any
> > other matter addressed in this transmission) to another party.
> >
> > Although the sender routinely screens for viruses, we make no representation
> > or warranty as to the absence of viruses in this e-mail or any attachments,
> > both of which recipients should themselves scan for viruses.
> >
> >
> >
> >
> >
> >
> >
> >
>
> >>> - John D. Faucher
>
The post was migrated from Yahoo.
charset="UTF-8"
I generally agree with David, but I have further questions before Ithe same conclusion.
I am assuming that there is a lack of a judgment in an adversary proceeding
under 523 to make the debt nondischargeable, correct? And I assume that the
stipulated judgment did not admit to language which could support
nondischargeability under 523a2, 4, or 6, correct? (the second question is
actually superfluous the creditor needs the 523 judgment, not just the
language in the state court judgment, to enforce the debt).
- John D. Faucher
On 11/5/10 1:21 PM, "David Tilem" wrote:
>
>
>
>
>
> yes, and
> yes
>
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Alan
> Abergel
> Sent: Thursday, November 04, 2010 5:21 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Discharge after superior court settlement agreement
>
>
> Hi Everyone,
>
> Debtor was sued as defendant in the Superior Court
> Prior to trial, debtor filed a Chapter 7 Petition
> Plaintiff filed and was granted a relief from stay to continue the litigation
> in the superior court.
> Debtor then entered into a settlement agreement and stipulated judgment in the
> Superior Court. (No LBR 4008-1 reaffirmation agreement form was filed with
> the bankruptcy court)
> Debtor is then granted a Discharge by the bankruptcy court.
> Plaintiff then files a Motion to Enforce the settlement agreement in the
> superior court.
>
> My questions are:
>
> 1. Is Plaintiff's conduct a violation of the discharge and contempt of the
> BK Court's injunction order (the discharge)?
> 2. If the Superior Court grants the Motion to Enforce the settlement
> agreement, may the debtor still be able to bring a Motion for Contempt in the
> BK Court?
>
> Thank you in advance for your responses,
>
> Alan Abergel, Esq.
> LAW OFFICES OF ALAN ABERGEL, P.C.
> 15915 Ventura Blvd., Suite 301
> Encino, CA 91436
> Phone: 818-783-4645
> Fax: 818-235-0159
> Beverly Hills Office: (310) 779-4537
> e-mail: alan@abergellaw.com
> Website: http://abergellaw.com/
>
> We are a debt relief agency. We help people file for bankruptcy relief under
> the Bankruptcy Code.
>
> This message (and any attachments) is intended only for the person or entity
> to which it is addressed, and may contain confidential and/or legally
> privileged information. If it has been sent to you in error, please reply to
> advise the sender of the error (by reply e-mail or telephone), then
> immediately delete this message and any attachments.
>
> IRS Circular 230 Notice: To ensure compliance with IRS requirements, we inform
> you that any U.S. federal tax advice contained in this communication
> (including any attachments) is not intended or written to be used and cannot
> be used by any taxpayer for the purpose of (i) avoiding any federal tax
> penalties, or (ii) promoting, marketing or recommending a transaction (or any
> other matter addressed in this transmission) to another party.
>
> Although the sender routinely screens for viruses, we make no representation
> or warranty as to the absence of viruses in this e-mail or any attachments,
> both of which recipients should themselves scan for viruses.
>
>
>
>
>
>
>
>
>>> - John D. Faucher
charset="UTF-8"
Re: [cdcbaa] Discharge after superior court settlement agreement
I generally agree with David, but I have further questions before I’d reach the same conclusion.
I am assuming that there is a lack of a judgment in an adversary proceeding under 523 to make the debt nondischargeable, correct? And I assume that the stipulated judgment did not admit to language which could support nondischargeability under 523a2, 4, or 6, correct? (the second question is actually superfluous – the creditor needs the 523 judgment, not just the language in the state court judgment, to enforce the debt).
- John D. Faucher
On 11/5/10 1:21 PM, "David Tilem" <davidtilem@tilemlaw.com> wrote:
yes, and
yes
David A. Tilem
Certified Bankruptcy Specialist*†
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson
The post was migrated from Yahoo.
David: I forgot to mention that the settlement agreement included a language stating that the parties agree that the debt is not dischargeable in BK. Also that the debtor's bankruptcy attorney signed off on the settlement agreement. Would that change your responses?
Very truly yours,
Alan Abergel, Esq.
LAW OFFICES OF ALAN ABERGEL, P.C.
15915 Ventura Blvd., Suite 301
Encino, CA 91436
Phone: 818-783-4645
Fax: 818-235-0159
Beverly Hills Office: (310) 779-4537
e-mail: alan@abergellaw.com
Website: http://abergellaw.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
This message (and any attachments) is intended only for the person or entity to which it is addressed, and may contain confidential and/or legally privileged information. If it has been sent to you in error, please reply to advise the sender of the error (by reply e-mail or telephone), then immediately delete this message and any attachments.
IRS Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used by any taxpayer for the purpose of (i) avoiding any federal tax penalties, or (ii) promoting, marketing or recommending a transaction (or any other matter addressed in this transmission) to another party.
Although the sender routinely screens for viruses, we make no representation or warranty as to the absence of viruses in this e-mail or any attachments, both of which recipients should themselves scan for viruses.
The post was migrated from Yahoo.
David: Thank you for your helpful response.
Very truly yours,
Alan Abergel, Esq.
LAW OFFICES OF ALAN ABERGEL, P.C.
15915 Ventura Blvd., Suite 301
Encino, CA 91436
Phone: 818-783-4645
Fax: 818-235-0159
Beverly Hills Office: (310) 779-4537
e-mail: alan@abergellaw.com
Website: http://abergellaw.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
This message (and any attachments) is intended only for the person or entity to which it is addressed, and may contain confidential and/or legally privileged information. If it has been sent to you in error, please reply to advise the sender of the error (by reply e-mail or telephone), then immediately delete this message and any attachments.
IRS Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used by any taxpayer for the purpose of (i) avoiding any federal tax penalties, or (ii) promoting, marketing or recommending a transaction (or any other matter addressed in this transmission) to another party.
Although the sender routinely screens for viruses, we make no representation or warranty as to the absence of viruses in this e-mail or any attachments, both of which recipients should themselves scan for viruses.
The post was migrated from Yahoo.
yes, and
yes
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.
Alan Abergel
Sent: Thursday, November 04, 2010 5:21 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Discharge after superior court settlement agreement
Hi Everyone,
Debtor was sued as defendant in the Superior Court
Prior to trial, debtor filed a Chapter 7 Petition
Plaintiff filed and was granted a relief from stay to continue the
litigation in the superior court.
Debtor then entered into a settlement agreement and stipulated judgment in
the Superior Court. (No LBR 4008-1 reaffirmation agreement form was filed
with the bankruptcy court)
Debtor is then granted a Discharge by the bankruptcy court.
Plaintiff then files a Motion to Enforce the settlement agreement in the
superior court.
My questions are:
1. Is Plaintiff's conduct a violation of the discharge and contempt of
the BK Court's injunction order (the discharge)?
2. If the Superior Court grants the Motion to Enforce the settlement
agreement, may the debtor still be able to bring a Motion for Contempt in
the BK Court?
Thank you in advance for your responses,
Alan Abergel, Esq.
LAW OFFICES OF ALAN ABERGEL, P.C.
15915 Ventura Blvd., Suite 301
Encino, CA 91436
Phone: 818-783-4645
Fax: 818-235-0159
Beverly Hills Office: (310) 779-4537
e-mail: alan@abergellaw.com
Website: http://abergellaw.com/
We are a debt relief agency. We help people file for bankruptcy relief under
the Bankruptcy Code.
This message (and any attachments) is intended only for the person or entity
to which it is addressed, and may contain confidential and/or legally
privileged information. If it has been sent to you in error, please reply
to advise the sender of the error (by reply e-mail or telephone), then
immediately delete this message and any attachments.
IRS Circular 230 Notice: To ensure compliance with IRS requirements, we
inform you that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used and cannot
be used by any taxpayer for the purpose of (i) avoiding any federal tax
penalties, or (ii) promoting, marketing or recommending a transaction (or
any other matter addressed in this transmission) to another party.
Although the sender routinely screens for viruses, we make no representation
or warranty as to the absence of viruses in this e-mail or any attachments,
both of which recipients should themselves scan for viruses.
Message
yes,
and
yes
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Hi Everyone,
Debtor was sued as defendant in the Superior Court
Prior to trial, debtor filed a Chapter 7 Petition
Plaintiff filed and was granted a relief from stay to continue the litigation in the superior court.
Debtor then entered into a settlement agreement and stipulated judgment in the Superior Court. (No LBR 4008-1 reaffirmation agreement form was filed with the bankruptcy court)
Debtor is then granted a Discharge by the bankruptcy court.
Plaintiff then files a Motion to Enforce the settlement agreement in the superior court.
My questions are:
1. Is Plaintiff's conduct a violation of the discharge and contempt of the BK Court's injunction order (the discharge)?
2. If the Superior Court grants the Motion to Enforce the settlement agreement, may the debtor still be able to bring a Motion for Contempt in the BK Court?
Thank you in advance for your responses,
Alan Abergel, Esq.
LAW OFFICES OF ALAN ABERGEL, P.C.
15915 Ventura Blvd., Suite 301
Encino, CA 91436
Phone: 818-783-4645
Fax: 818-235-0159
Beverly Hills Office: (310) 779-4537
e-mail: alan@abergellaw.com
Website: http://abergellaw.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
This message (and any attachments) is intended only for the person or entity to which it is addressed, and may contain confidential and/or legally privileged information. If it has been sent to you in error, please reply to advise the sender of the error (by reply e-mail or telephone), then immediately delete this message and any attachments.
IRS Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used and cannot be used by any taxpayer for the purpose of (i) avoiding any federal tax penalties, or (ii) promoting, marketing or recommending a transaction (or any other matter addressed in this transmission) to another party.
Although the sender routinely screens for viruses, we make no representation or warranty as to the absence of viruses in this e-mail or any attachments, both of which recipients should themselves scan for viruses.
Hi Everyone,
Debtor was sued as defendant in the Superior Court
Prior to trial, debtor filed a Chapter 7 Petition
Plaintiff filed and was granted a relief from stay to
continue the litigation in the superior court.
Debtor then entered into a settlement agreement
and stipulated judgment in the Superior Court.
(No LBR
4008-1 reaffirmation agreement form was filed with the
bankruptcy court)
Debtor is then granted a Discharge by
the bankruptcy court.
Plaintiff then files a Motion to Enforce the
settlement agreement in the superior court.
My questions are:
1. Is Plaintiff's conduct a
violation of the discharge and contempt of the BK Court's injunction order (the
discharge)?
2. If the Superior Courtgrants the Motion to Enforce the settlementagreement, may the debtor still be able to bring a Motion for Contempt in the BK
Court?
Thank you in advance for your
responses,
Alan Abergel, Esq. LAW OFFICES OF ALAN ABERGEL,
P.C.15915 Ventura Blvd., Suite 301Encino, CA 91436Phone:
The post was migrated from Yahoo.