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re: Would this default Judgment be nondischargeable in a=
I think it would be very difficult to prove based on that fact pattern. See In re Peklar, 260 F.3d 1035 (9th Cir 2001).
Steven L. Bryson
Attorney at Law
Certified Bankruptcy Specialist
State Bar of California
Board of Legal Specialization
11377 W. Olympic Bl., Ste 500
Los Angeles, CA 90064
310-477-4555
www.file4bankruptcy.com
To: yahoogroups
Sent: Mon, Sep 28, 2015 3:39 pm
Subject: [cdcbaa] re: Would this default Judgment be nondischargeable in a Chapter 7 case? Willful Failure to Warn [Civil Code section 846J The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition
Dear listmates,
Here is the fact pattern,
Potential Client ("PC") was a named defendant in a state court lawsuit that went by default judgment. The basis of the lawsuit was as follows:
"At or about said time and place, a dangerous condition existed whichcreated a substantial risk of injury and did injure Plaintiff, when the Defendant negligently rented her home to a group ofyoung, uncontrolled students, 'who held a party, and at said party,that included underage drinkers, one of the invited guests of therenters, attacked Plaintiff, causing severe injuries."
In addition to negligence, one of the allegations in the complaint was "Willful Failure to Warn [Civil Code section 846]--The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition".
For purposes of the fact pattern, let's assume PC is one of the homeowners and was a named defendant.
There was ultimately a large judgment against the Defendants, including the PC, that went by default judgment.
Based on the words "willful in the statute" of section 846, I am trying to determine if this judgment would be nondischargeable under 11 USC 523(a)(6) which requires that the plaintiff prove willfull and malicious injury if the PC filed for Chapter 7 or Chapter 13 bankruptcy.
Any help would be greatly appreciated, thanks.
- David
David S. Shevitz, Esq.
Shevitz Law Firm
3435 Wilshire Boulevard
Suite 2920
Los Angeles, CA 90010
Telephone: (213) 863-0183
Facsimile: (213) 788-4834
Email: david@shevitzlawfirm. com
Website: www.shevitzlawfirm. com
I think it would be very difficult to prove based on that fact pattern. See In re Peklar, 260 F.3d 1035 (9th Cir 2001).
Steven L. Bryson
Attorney at Law
Certified Bankruptcy Specialist
State Bar of California
Board of Legal Specialization
11377 W. Olympic Bl., Ste 500
Los Angeles, CA 90064
310-477-4555
www.file4bankruptcy.com
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To: yahoogroups <cdcbaa@yahoogroups.com>
Sent: Mon, Sep 28, 2015 3:39 pm
Subject: [cdcbaa] re: Would this default Judgment be nondischargeable in a Chapter 7 case? Willful Failure to Warn [Civil Code section 846J The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition
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