Central District Consumer Bankruptcy Attorney's Association

The lawsuit looks like an attempt to collect a debt. Send a letter, give
10 days, then act if they don't withdraw.
On Oct 10, 2012 4:54 PM, "Stella Havkin" wrote:
> **
>
>
> No. I send a letter on these issues all the time. They always go away.
> They cannot collect against community property.****
>
> ** **
>
> Stella Havkin****
>
> ** **
>
> [image: Description: cid:part1.09090707.02070109@yahoo.com]**
>
> *Certified Bankruptcy Law Specialist The State Bar of California Board
> of Legal Specialization
> Certified Consumer Bankruptcy Law Specialist The American Board of
> Certification *
>
> * *
>
> *This e-mail message and any attachments are confidential and may be
> privileged information. If you are not the intended recipient, or the
> person responsible for delivering it to the intended recipient, please
> notify the sender immediately and destroy all copies of this message and
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> ****
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> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *nancybonaccorso
> *Sent:* Wednesday, October 10, 2012 4:40 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Violation of Discharge injunction****
>
> ** **
>
> ****
>
> Facts:
> Debtor is married by files an individual bk because wife is in a coma. He
> receives a discharge. Wife recovers from coma and creditor sues wife for a
> debt in her name only but acquired during marriage. Debtor and wife are
> still married. Is creditor allowed to go forward with lawsuit even if
> enforcement of a judgment would result in a violation of husband's
> discharge injunction?
>
> Thanks,
> Nancy B. Clark
> Borowitz & Clark, LLP****
>
> ****
>
>
The lawsuit looks like an attempt to collect a debt. Send a letter, give 10 days, then act if they don't withdraw.
On Oct 10, 2012 4:54 PM, "Stella Havkin" <havkinlaw@earthlink.net> wrote:
No. I send a letter on these issues all the time. They always go away. They cannot collect against community property.
Stella Havkin

The post was migrated from Yahoo.

No. I send a letter on these issues all the time. They always go away.
They cannot collect against community property.
Stella Havkin
Description: cid:part1.09090707.02070109@yahoo.com
Certified Bankruptcy Law Specialist - The State Bar of California Board of
Legal Specialization
Certified Consumer Bankruptcy Law Specialist - The American Board of
Certification
This e-mail message and any attachments are confidential and may be
privileged information. If you are not the intended recipient, or the person
responsible for delivering it to the intended recipient, please notify the
sender immediately and destroy all copies of this message and attachments.

The post was migrated from Yahoo.

Facts:
Debtor is married by files an individual bk because wife is in a coma. He receives a discharge. Wife recovers from coma and creditor sues wife for a debt in her name only but acquired during marriage. Debtor and wife are still married. Is creditor allowed to go forward with lawsuit even if enforcement of a judgment would result in a violation of husband's discharge injunction?
Thanks,
Nancy B. Clark
Borowitz & Clark, LLP

The post was migrated from Yahoo.

Thanks very much. I am hoping my letter alone will get them to go away but
so far they are not budging.

The post was migrated from Yahoo.

charsetndows-1252
Stella, local rules are very specific on the procedure, starting with a motion for Issuance of Order to Show Cause. I went through the procedure quite recently before Judge Klein; but we resolved the dispute without getting to the final outcome. I think our papers were quite good, but a little long winded. In any event they were sufficient. Case No 2:09-bk-44848-SK.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Jan 31, 2012, at 12:56 PM, Stella wrote:
> Can anyone disclose a case in which a motion for violation of discharge injunction was filed? Thanks.
>
>
charsetndows-1252
Stella, local rules are very specific on the procedure, starting with a motion for Issuance of Order to Show Cause. I went through the procedure quite recently before Judge Klein; but we resolved the dispute without getting to the final outcome. I think our papers were quite good, but a little long winded. In any event they were sufficient. Case No 2:09-bk-44848-SK.Jason
Jason Wallach
The post was migrated from Yahoo.

Can anyone disclose a case in which a motion for violation of discharge injunction was filed? Thanks.

The post was migrated from Yahoo.