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Dig into the basis for the fine. As Kirk points out, if it's compensation for the loss, it's dischargeable.In an idle moment a while back, I opined about this very issue:Can an Arsonist Discharge Fire Fighting Costs in Bankruptcy? (Yes, Seriously) - John D. Faucher
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| Can an Arsonist Discharge Fire Fighting Costs in Bankruptcy? (Yes, Seriously) - John D. FaucherLiving in semi-arid California, Ive gotten used to seeing large columns of smoke on hot, windy days. Most recently, I could see the Springs Fire burning between Camarillo and Malibu from a distance; happily, it did little damage to structures, and no one died from it. This one ... |
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- John D. Faucher818/889-8080
On Friday, July 17, 2015 11:09 AM, "Kirk Brennan kirkinhermosa@gmail.com [cdcbaa]" wrote:
Sounds like it. It could also be argued that it is compensation for loss, depending on the fact pattern.On Jul 16, 2015 7:02 PM, "David S dshevitzulf@yahoo.com [cdcbaa]" wrote:
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). 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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