=?UTF-8?Q?re:_Question_re:_11_U.S.C._=C2=A7_523(a)?=
Posted: Thu Jul 16, 2015 5:03 pm
Reply-To: David S
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To: cdcbaa@yahoogroups.com
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Dear Listmates,
I have a question related to a possible client ("PC") to determine if a debt is nondischargeable under 11 U.S.C. 523(a)(7) owed to the USDA Forest Service.
11 U.S.C. 523(a)
(7)to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty(A)relating to a tax of a kind not specified in paragraph (1) of this subsection; or(B)imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition;
Fact pattern is as follows: PC is shooting guns with some friends for target practice in the forest slightly less than three years ag). A fire breaks out. They cooperate with police. An investigation was ongoing. 30 days ago, they get a notice in the mail from the USDA forest Service indicating they oweda large sum of money because the USDA has determined they are at fault for starting the fire (negligence). There is no allegation that there was intent to start the fire.The 3 year mark from the date of the incident is in 30 days.Will this debt be dischargeable if the PC files BK after the 3 year window since the incident has passed?
Any thoughts would be appreciate.Thanks,
- David
Ure Law Firm
811 Wilshire Blvd. Suite 1000
Los Angeles, CA 90017
Telephone: (213) 202-6070
Facsimile: (213) 202-6075
Email: david@urelawfirm.com
Website: www.urelawfirm.com
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