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Stip to Judgment for non-dischargeability
nondischargeable, once you stip, no other bk can affect the stip. Always nondischargeable. There is no such thing as non-dischargeable.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Monday, November 19, 2012 5:54 PM
Subject: [cdcbaa] Stip to Judgment for non-dischargeability
I am arm-wrestling with a state court atty. He is a nice guy but we are both paranoid. We agreed to immediate entry of judgment in bankruptcy court saying a debt of x amount is non-dischargeable under 523(a). He wants it to say 523(a)(2) or have some statement that we agree that there was fraud. He is worried that my guy might attack the judgment in a future bankruptcy (even though he cannot get another discharge for 8 years). I'm hoping to get some great comments so I can email them to him before the hearing tomorrow. Jon
nondischargeable, once you stip, no other bk can affect the stip. Always nondischargeable. There is no such thing as non-dischargeable. From: jonhayes6666 <jhayes@hayesbklaw.com> To: cdcbaa@yahoogroups.com Sent: Monday, November 19, 2012 5:54 PM Subject: [cdcbaa] Stip to Judgment for non-dischargeability
I am arm-wrestling with a state court atty. He is a nice guy but we are both paranoid. We agreed to immediate entry of judgment in bankruptcy court saying a debt of x amount is non-dischargeable under 523(a). He wants it to say 523(a)(2) or have some statement that we agree that there was fraud. He is worried that my guy might attack the judgment in a future bankruptcy (even though he cannot get another discharge for 8 years). I'm hoping to get some great comments so I can email them to him before the hearing tomorrow. Jon
The post was migrated from Yahoo.
charsetndows-1252
Res judicata? Collateral estoppel?
Yup, those sound right to me.
On Nov 19, 2012, at 6:13 PM, "Steven B. Lever" wrote:
>
> Jon:
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> The dischargeability judgment is never discharged in a subsequent bankruptcy. This is just not a valid concern. I can understand how a nonbankruptcy attorney would be paranoid, but I dont think you need to be. The debt has already been adjudicated and discharges are pretty generic orders you can pile a hundred discharge orders on top of a determination of nondischargeability for that particular debt and it would still be nondischargeable.
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> Now I wish I was able to give you the statute or case law on this, instead of my certainty with zero authority to quote, but I cannot at the moment.
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> Btw, thanks for pointing out FRBP 2005, on another thread. It was a state court judgment, but I did read the whole rule and it was pretty interesting.
>
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> Steve Lever
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>
jonhayes6666
> Sent: Monday, November 19, 2012 5:55 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Stip to Judgment for non-dischargeability
>
>
>
>
>
> I am arm-wrestling with a state court atty. He is a nice guy but we are both paranoid. We agreed to immediate entry of judgment in bankruptcy court saying a debt of x amount is non-dischargeable under 523(a). He wants it to say 523(a)(2) or have some statement that we agree that there was fraud. He is worried that my guy might attack the judgment in a future bankruptcy (even though he cannot get another discharge for 8 years). I'm hoping to get some great comments so I can email them to him before the hearing tomorrow. Jon
>
>
>
>
charsetndows-1252
Res judicata? Collateral estoppel?Yup, those sound right to me.On Nov 19, 2012, at 6:13 PM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
Jon: The dischargeability judgment is never discharged in a subsequent bankruptcy. This is just not a valid concern. I can understand how a nonbankruptcy attorney would be paranoid, but I dont think you need to be. The debt has already been adjudicated and discharges are pretty generic orders you can pile a hundred discharge orders on top of a determination of nondischargeability for that particular debt and it would still be nondischargeable. Now I wish I was able to give you the statute or case law on this, instead of my certainty with zero authority to quote, but I cannot at the moment. Btw, thanks for pointing out FRBP 2005, on another thread. It was a state court judgment, but I did read the whole rule and it was pretty interesting. Steve Lever From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of jonhayes6666Sent: Monday, November 19, 2012 5:55 PMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] Stip to Judgment for non-dischargeability I am arm-wrestling with a state court atty. He is a nice guy but we are both paranoid. We agreed to immediate entry of judgment in bankruptcy court saying a debt of x amount is non-dischargeable under 523(a). He wants it to say 523(a)(2) or have some statement that we agree that there was fraud. He is worried that my guy might attack the judgment in a future bankruptcy (even though he cannot get another discharge for 8 years). I'm hoping to get some great comments so I can email them to him before the hearing tomorrow. Jon
The post was migrated from Yahoo.
Jon:
The dischargeability judgment is never discharged in a subsequent
bankruptcy. This is just not a valid concern. I can understand how a
nonbankruptcy attorney would be paranoid, but I don't think you need to
be. The debt has already been adjudicated and discharges are pretty
generic orders- you can pile a hundred discharge orders on top of a
determination of nondischargeability for that particular debt and it
would still be nondischargeable.
Now I wish I was able to give you the statute or case law on this,
instead of my certainty with zero authority to quote, but I cannot at
the moment.
Btw, thanks for pointing out FRBP 2005, on another thread. It was a
state court judgment, but I did read the whole rule and it was pretty
interesting.
Steve Lever
The post was migrated from Yahoo.
I am arm-wrestling with a state court atty. He is a nice guy but we are both paranoid. We agreed to immediate entry of judgment in bankruptcy court saying a debt of x amount is non-dischargeable under 523(a). He wants it to say 523(a)(2) or have some statement that we agree that there was fraud. He is worried that my guy might attack the judgment in a future bankruptcy (even though he cannot get another discharge for 8 years). I'm hoping to get some great comments so I can email them to him before the hearing tomorrow. Jon
The post was migrated from Yahoo.