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Looking for sample Motion to allow creditor to file 523 after the deadline. Basis: creditor never received notice of BK
Stella is right again. In re beezley.
>
> Thanks.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@... **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@...
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
> On Sat, May 11, 2013 at 10:50 AM, Stella Havkin wrote:
>
> > **
> >
> >
> > 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.
> >
> >
> >
> > Holly Roark
> > Certified Bankruptcy Specialist*
> > holly@... **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@...
> > I only use gmail for my listservs, and am likely to miss private emails
> > directed to my gmail account.**
> >
> >
> >
> >
>
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