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Looking for sample Motion to allow creditor to file 523 after the
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Dear Stella, Holly, and John,
This email deals with both Stella's and Holly's cases.
I. Holly's Case
I don't think 523(c) is relevant because the creditor never received notice of the bankruptcy filing. Instead 523(a)(3), coupled with the holding In re Staffer, 306 F. 3d 967 (9th Cir. 2002), can be used to establish that the debt was not discharged. I hashed through this in great detail in my blog post at http://www.southerncaliforniabankruptcy ... r-part-ii/, which was the sequel to my post at http:
The post was migrated from Yahoo.
Creditor sued debtor in state court and has a fraud cause of action.
Creditor never found out about the BK until after the debtor's discharge.
He did not receive actual notice, constructive notice, or any type of
notice. The case was reopened by the trustee because the debtor was hiding
assets. Creditor will not be able to recover its full claim from these
assets and wants to file a 523 against the debtor and also continue with
the state court case.
Can I just file the 523 AP or do I need to also file a Motion for leave to
file it or some other kind of motion which would show the basis for why the
former deadline should not apply to this creditor?
Does anyone have a sample? Thank you.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Creditor sued debtor in state court and has a fraud cause of action. Creditor never found out about the BK until after the debtor's discharge. He did not receive actual notice, constructive notice, or any type of notice. The case was reopened by the trustee because the debtor was hiding assets. Creditor will not be able to recover its full claim from these assets and wants to file a 523 against the debtor and also continue with the state court case.
Can I just file the 523 AP or do I need to also file a Motion for leave to file it or some other kind of motion which would show the basis for why the former deadline should not apply to this creditor?
Does anyone have a sample? Thank you.Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.