Chapter 7 Dischargeability Actions and State Court Judgments
Posted: Mon Jul 13, 2015 4:39 pm
Colleagues,
I have a pending Chapter 7 case in which a creditor filed an adversary
proceeding on dischargeability issues.
The state court entered a jury verdict on several issues that prevent the
debt from being discharged. However, the state court has NOT set damages
amount.
My question is: Would the bankruptcy court be able to hear the damages
issue as to the amount owed? Or, would that need to go back to state court?
My guess is that the bk judge can hear the issues as to the amount owed on
a debt, since we can make these types of arguments in chapter 13.
I just need to be pointed in the right direction on this matter so as to
best advise my clients.
Thanks, Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
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