Looking for sample Motion to allow creditor to file 523 after the deadline. Basis: creditor never received notice of BK
Posted: Sat May 11, 2013 10:50 am
Just file. The debt is not discharged because of 523(c).
Sent from my Stella Havkin's IPhone
On May 11, 2013, at 10:14 AM, Holly Roark wrote:
> 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.
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> 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
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> **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.**
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