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BK Referral
charsetndows-1252
I agree with Mark, but since the superior court judgment for fraud does not have identical elements to a 523(a)(2)(A) claim, the only issues that are estopped are ones which were actually tried, and a finding was made.
Sort of rare that a plaintiff's lawyer will go through all that rigamarole at trial to get a non dischargeable judgment against a potentially judgment proof defendant.
Jason
Jason Wallach
Gladstone Michel Weisberg Willner & Sloane, ALC
4551 Glencoe Avenue, Suite 300
Marina del Rey CA 90292
(310) 821-9000
www.gladstonemichel.com
jwallach@gladstonemichel.com
On Jun 21, 2013, at 1:33 PM, jesseelaw@aol.com wrote:
I disagree. Collateral estoppel may apply in a 523(a)(2) action in Bankruptcy Court stemming from a CA Superior Court default judgment for fraud, presuming all other elements are met. Default judgment's are final judgments on the merits. See Rein v. Providian Corp. 230 F.2d 295 (9th Cir 2001), Bankruptcy Recovery Network v. Garcia 313 B.R. 307 (9th Cir BAP 2004)
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 6/21/2013 1:15:26 P.M. Pacific Daylight Time, nsnassif@pacbell.net writes:
If the fraud judgment was by way of a default judgment, then there is no collateral estoppel.
If there are assets, that may be a problem.
He may call me and I will tell him his options.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 Wilshire Blvd.
Suite 900
Los Angeles, CA 90010
Tel: 213-736-1899 ; Fax: 213- 736-5656
nsnassif@pacbell.net
The post was migrated from Yahoo.
charset-ascii
I agree with Mark. See in re Nourbaksh (don't have the cite handy)
Sent from my iPhone 4s
On Jun 21, 2013, at 1:33 PM, jesseelaw@aol.com wrote:
>
>
> I disagree. Collateral estoppel may apply in a 523(a)(2) action in Bankruptcy Court stemming from a CA Superior Court default judgment for fraud, presuming all other elements are met. Default judgment's are final judgments on the merits. See Rein v. Providian Corp. 230 F.2d 295 (9th Cir 2001), Bankruptcy Recovery Network v. Garcia 313 B.R. 307 (9th Cir BAP 2004)
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 6/21/2013 1:15:26 P.M. Pacific Daylight Time, nsnassif@pacbell.net writes:
> If the fraud judgment was by way of a default judgment, then there is no collateral estoppel.
>
>
> If there are assets, that may be a problem.
>
>
> He may call me and I will tell him his options.
>
>
> Nicholas S. Nassif, Esq.
>
> LAW OFFICES OF NICHOLAS S. NASSIF
>
> 3055 Wilshire Blvd.
>
> Suite 900
>
> Los Angeles, CA 90010
>
> Tel: 213-736-1899 ; Fax: 213- 736-5656
>
> nsnassif@pacbell.net
>
>
Sujin Kim
> Sent: Friday, June 21, 2013 1:06 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] BK Referral
>
>
>
>
>
>
> Hello Listmates,
>
> There is a PC who contacted me regarding a BK. He's the father of a former client. The major issue is that he may have assets and has a fra ud judgement against him. There was some sort of real estate transaction and one of the parties sued everyone who ever came in contact with the transaction. The PC was only the 3rd party appraiser. Between the time of the appraisal and the time of the suit, he had retired and did not realize he needed to pay for the tail on his E&O. The insurance company's attorney advised him that he was judgment proof and that he would be fine pro se. As such, it was only too easy for them to get a judgement against him even though there was no actual fraud on his part. I've never dealt with this issue before and I'm not certain how the bankruptcy court handles collateral estoppel or issue preclusion in this kind of situation.
>
> If anyone would like to take this case, please let me know and I will pass along your contact information.
>
> Best Regards,
>
> Sujin
> sk@hopelawgroup.com
>
>
>
>
>
>
>
>
>
>
I agree with Mark. See in re Nourbaksh (don't have the cite handy)Sent from my iPhone 4sOn Jun 21, 2013, at 1:33 PM, jesseelaw@aol.com wrote:
I disagree. Collateral estoppel may apply in a 523(a)(2)
action in Bankruptcy Court stemming from a CA Superior Court default judgment
for fraud, presuming all other elements are met. Default judgment's are
final judgments on the merits. See Rein v. Providian Corp. 230 F.2d
295 (9th Cir 2001), Bankruptcy Recovery Network v. Garcia 313 B.R. 307 (9th Cir
BAP 2004)
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.
Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 6/21/2013 1:15:26 P.M. Pacific Daylight Time,
nsnassif@pacbell.net writes:
If the fraud judgment was by way of a default judgment,
then there is no collateral estoppel.
If there are assets, that may be a problem.
He may call me and I will tell him his options.
Nicholas S. Nassif,
Esq.
LAW OFFICES OF NICHOLAS S.
NASSIF
3055 Wilshire
Blvd.
Suite 900
Los Angeles, CA
90010
Tel: 213-736-1899 ;
Fax: 213- 736-5656
nsnassif@pacbell.net
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] On Behalf Of Sujin KimSent:
Friday, June 21, 2013 1:06 PMTo:
cdcbaa@yahoogroups.comSubject: [cdcbaa] BK
Referral
Hello
Listmates,There is a PC who contacted me regarding a BK. He's
the father of a former client. The major issue is that he may have
assets and has a fra ud judgement against him. There was some sort of
real estate transaction and one of the parties sued everyone who ever came in
contact with the transaction. The PC was only the 3rd party
appraiser. Between the time of the appraisal and the time of the suit,
he had retired and did not realize he needed to pay for the tail on his
E&O. The insurance company's attorney advised him that he was
judgment proof and that he would be fine pro se. As such, it was only
too easy for them to get a judgement against him even though there was no
actual fraud on his part. I've never dealt with this issue before and
I'm not certain how the bankruptcy court handles collateral estoppel or issue
preclusion in this kind of situation. If anyone would like to take
this case, please let me know and I will pass along your contact information.
Best Regards,Sujinsk@hopelawgroup.com
The post was migrated from Yahoo.
I should also note that he does not believe the elements of fraud were proven against him during the trial; something to the effect that both the plaintiff and other defendants admitted that they never even looked at his appraisal. Of course, I haven't seen the record. Perhaps an issue that should have been brought up on appeal rather than being helpful in overcoming collateral estoppel in bankruptcy.
The post was migrated from Yahoo.
If the fraud judgment was by way of a default judgment, then there is no
collateral estoppel.
If there are assets, that may be a problem.
He may call me and I will tell him his options.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 Wilshire Blvd.
Suite 900
Los Angeles, CA 90010
Tel: 213-736-1899 Fax: 213- 736-5656
nsnassif@pacbell.net
The post was migrated from Yahoo.
Hello Listmates,
There is a PC who contacted me regarding a BK. He's the father of a former client. The major issue is that he may have assets and has a fraud judgement against him. There was some sort of real estate transaction and one of the parties sued everyone who ever came in contact with the transaction. The PC was only the 3rd party appraiser. Between the time of the appraisal and the time of the suit, he had retired and did not realize he needed to pay for the tail on his E&O. The insurance company's attorney advised him that he was judgment proof and that he would be fine pro se. As such, it was only too easy for them to get a judgement against him even though there was no actual fraud on his part. I've never dealt with this issue before and I'm not certain how the bankruptcy court handles collateral estoppel or issue preclusion in this kind of situation.
If anyone would like to take this case, please let me know and I will pass along your contact information.
Best Regards,
Sujin
sk@hopelawgroup.com
The post was migrated from Yahoo.