BK Referral
Posted: Fri Jun 21, 2013 1:33 pm
I disagree. Collateral estoppel may apply in a 523(a)(2) action in
Bankruptcy Court stemming from a CA Superior Court default judgment for fraud,
presuming all other elements are met. Default judgment's are final judgments
on the merits. See Rein v. Providian Corp. 230 F.2d 295 (9th Cir 2001),Bankruptcy Recovery Network v. Garcia 313 B.R. 307 (9th Cir BAP 2004)
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 6/21/2013 1:15:26 P.M. Pacific Daylight Time,
nsnassif@pacbell.net writes:
If the fraud judgment was by way of a default judgment, then there is no
collateral estoppel.
If there are assets, that may be a problem.
He may call me and I will tell him his options.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 Wilshire Blvd.
Suite 900
Los Angeles, CA 90010
Tel: 213-736-1899 ; Fax: 213- 736-5656
_nsnassif@pacbell.net_ (mailto:nsnassif@pacbell.net)
Sujin Kim
Sent: Friday, June 21, 2013 1:06 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] BK Referral
Hello Listmates,
There is a PC who contacted me regarding a BK. He's the father of a
former client. The major issue is that he may have assets and has a fra ud
judgement against him. There was some sort of real estate transaction and one
of the parties sued everyone who ever came in contact with the transaction.
The PC was only the 3rd party appraiser. Between the time of the
appraisal and the time of the suit, he had retired and did not realize he needed
to pay for the tail on his E&O. The insurance company's attorney advisedhim that he was judgment proof and that he would be fine pro se. As such, it
was only too easy for them to get a judgement against him even though
there was no actual fraud on his part. I've never dealt with this issue before
and I'm not certain how the bankruptcy court handles collateral estoppel
or issue preclusion in this kind of situation.
If anyone would like to take this case, please let me know and I will passalong your contact information.
Best Regards,
Sujin
_sk@hopelawgroup.com_ (mailto:sk@hopelawgroup.com)
I disagree. Collateral estoppel may apply in a 523(a)(2)
action in Bankruptcy Court stemming from a CA Superior Court default judgment
for fraud, presuming all other elements are met. Default judgment's are
final judgments on the merits. See Rein v. Providian Corp. 230 F.2d
295 (9th Cir 2001), Bankruptcy Recovery Network v. Garcia 313 B.R. 307 (9th Cir
BAP 2004)
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 6/21/2013 1:15:26 P.M. Pacific Daylight Time,
nsnassif@pacbell.net writes:
If the fraud judgment was by way of a default judgment,
then there is no collateral estoppel.
If there are assets, that may be a problem.
He may call me and I will tell him his options.
Nicholas S. Nassif,
Esq.
LAW OFFICES OF NICHOLAS S.
NASSIF
3055 Wilshire
Blvd.
Suite 900
Los Angeles, CA
90010
Tel: 213-736-1899 ;
Fax: 213- 736-5656
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