.jpg)
Collecting on State Court Judgment After Discharge
my-thinking is ok, you can use a hyphen for emphasis.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 6, 2015, at 9:38 AM, jhayes@hayesbklaw.com [cdcbaa] wrote:
>
> I agree. That's my-thinking.
>
>
The post was migrated from Yahoo.
If the whole thing was nondischargeable, this would be a no brainer,
enforce the state court judgment. In this fact pattern, you have a judgment
which is about 85% nondischargeable and 15% unknown.
Enforcing this judgment is enforcing a judgment that is potentially
discharged. I would recommend against enforcement.
Because of the special circumstances that exist, I would have the court
issue a money judgment in the amount of $150k.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
101 N. Brand Blvd. PH 1920
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Thu, Nov 5, 2015 at 5:28 PM, ssoesq@aol.com [cdcbaa] wrote:
>
>
> If you get the clerk to issue a writ or abstract on the MSJ portion, which
> says it's not dischargeable, you should be in the clear to start
> collecting.
>
> I'll see you tonight -light beer.
>
> Very truly yours,
> Shai Oved
> The Law Offices of Shai Oved
> 7445 Topanga Cyn. Blvd., Suite 220
> Canoga Park, California 91303
> Tel: (818) 992-6588
> Fax: (818) 992-6511
> Email: ssoesq@aol.com
> www.shaioved.com
> ________________
> The information contained in this email is intended only for the
> individual or entity named above and may contain attorney privileged and
> confidential information. If the reader of this message is not the
> intended recipient, you are hereby notified that any dissemination,
> distribution, or copy of this communication is strictly prohibited. If you
> received this communication in error, please immediately notify us by the
> telephone number above and return any hard copies to us via the postal
> service.. The Law Offices of Shai Oved is a debt relief agency which helps
> people file for bankruptcy under the Bankruptcy Code. Shai Oved is a
> Certified Bankruptcy Law Specialist by The State Bar of California Board of
> Legal Specialization.
> In a message dated 11/5/2015 5:08:55 P.M. Pacific Standard Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> Assume state court judge says bad guy stole good guy's car - $150,000 in
> damages - and bad guy stole good guy's baseball card collection, $25,000 in
> damages. Judgment entered in state court for those amounts. No appeal.
>
> Bad guy files chapter 7. I file a complaint for non-dischargeability
> against bad guy.
>
> I file a motion for summary judgment in bankruptcy court using the state
> court judgment. Bankruptcy judge says Hayes is right on the car but the
> judgment is not sufficient to show that the $25k for the baseball cards was
> a non-dischargeable debt.
>
> Question: The Court signs an order saying $150k is not dischargeable. We
> can still go to trial on the $25K. Can I start hitting the bad guy's pay
> check based on the Order?
>
> Thought on Question. We hit the paycheck based on the state court
> judgment. The debtor might say we are violating the discharge injunction.
> But we have an order saying $150k is non-dischargeable. Its not final but
> so what?
>
> I owe you all a beer for even reading this thing. Any thoughts will be
> very helpful. Jon
>
>
>
>
If the whole thing was nondischargeable, this would be a no brainer, enforce the state court judgment. In this fact pattern, you have a judgment which is about 85% nondischargeable and 15% unknown.Enforcing this judgment is enforcing a judgment that is potentially discharged. I would recommend against enforcement.Because of the special circumstances that exist, I would have the court issue a money judgment in the amount of $150k.Sincerely,Michael Avanesian, Esq.Avanesian Law Firm101 N. Brand Blvd. PH 1920Glendale, CA 91203Tel: 818.276.2477 | Fax:818.208.4550
The post was migrated from Yahoo.
If you get the clerk to issue a writ or abstract on the MSJ portion, which says it's not dischargeable, you should be in the clear to start
collecting.
I'll see you tonight -light beer.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: _ssoesq@aol.com_ (mailto:ssoesq@aol.com)
_www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
In a message dated 11/5/2015 5:08:55 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Assume state court judge says bad guy stole good guy's car - $150,000 in
damages - and bad guy stole good guy's baseball card collection, $25,000 in
damages. Judgment entered in state court for those amounts. No appeal.
Bad guy files chapter 7. I file a complaint for non-dischargeability
against bad guy.
I file a motion for summary judgment in bankruptcy court using the state court judgment. Bankruptcy judge says Hayes is right on the car but the judgment is not sufficient to show that the $25k for the baseball cards was a
non-dischargeable debt.
Question: The Court signs an order saying $150k is not dischargeable. Wecan still go to trial on the $25K. Can I start hitting the bad guy's paycheck based on the Order?
Thought on Question. We hit the paycheck based on the state court
judgment. The debtor might say we are violating the discharge injunction. But we
have an order saying $150k is non-dischargeable. Its not final but so what?
I owe you all a beer for even reading this thing. Any thoughts will be
very helpful. Jon
If you get the clerk to issue a writ or abstract on the MSJ portion, which
says it's not dischargeable, you should be in the clear to start
collecting.
I'll see you tonight -light beer.
Very truly yours,Shai OvedThe Law Offices of Shai
Oved7445 Topanga Cyn. Blvd., Suite 220Canoga Park, California
91303Tel: (818) 992-6588Fax: (818)
992-6511Email: ssoesq@aol.comwww.shaioved.com________________The informationcontained in this email is intended only for the individual or entity namedabove and may contain attorney privileged and confidential information. If
the reader of this message is not the intended recipient, you are hereby
notified that any dissemination, distribution, or copy of this communication is
strictly prohibited. If you received this communication in error, please
immediately notify us by the telephone number above and return any hard copies
to us via the postal service.. The Law Offices of Shai Oved is a debt relief
agency which helps people file for bankruptcy under the Bankruptcy Code. Shai
Oved is a Certified Bankruptcy Law Specialist by The State Bar ofCalifornia Board of Legal Specialization.
In a message dated 11/5/2015 5:08:55 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Assume state court
judge says bad guy stole good guy's car - $150,000 in damages - and bad guy
stole good guy's baseball card collection, $25,000 in damages. Judgment
entered in state court for those amounts. No appeal.
Bad guy files chapter 7. I file a complaint for
non-dischargeability against bad guy.
I file a motion for summary judgment in bankruptcy court using the state
court judgment. Bankruptcy judge says Hayes is right on the car but the
judgment is not sufficient to show that the $25k for the baseball cards was a
non-dischargeable debt.
Question: The Court signs an order saying $150k is not
dischargeable. We can still go to trial on the $25K. Can I start
hitting the bad guy's pay check based on the Order?
Thought on Question. We hit the paycheck based on the state court
judgment. The debtor might say we are violating the discharge
injunction. But we have an order saying $150k is non-dischargeable. Its not final but so what?
I owe you all a beer for even reading this thing. Any thoughts will
be very helpful. Jon
The post was migrated from Yahoo.
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I would say you have to await the bk judgment. Then execute on it. What if debtor speaks and gets a stay of execution.
Sent from my iPhone
> On Nov 5, 2015, at 5:08 PM, jhayes@hayesbklaw.com [cdcbaa] wrote:
>
> Assume state court judge says bad guy stole good guy's car - $150,000 in damages - and bad guy stole good guy's baseball card collection, $25,000 in damages. Judgment entered in state court for those amounts. No appeal.
>
> Bad guy files chapter 7. I file a complaint for non-dischargeability against bad guy.
>
> I file a motion for summary judgment in bankruptcy court using the state court judgment. Bankruptcy judge says Hayes is right on the car but the judgment is not sufficient to show that the $25k for the baseball cards was a non-dischargeable debt.
>
> Question: The Court signs an order saying $150k is not dischargeable. We can still go to trial on the $25K. Can I start hitting the bad guy's pay check based on the Order?
>
> Thought on Question. We hit the paycheck based on the state court judgment. The debtor might say we are violating the discharge injunction. But we have an order saying $150k is non-dischargeable. Its not final but so what?
>
> I owe you all a beer for even reading this thing. Any thoughts will be very helpful. Jon
>
>
>
>
The post was migrated from Yahoo.
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
I would say you have to await the bk judgment. Then execute on it. What if debtor speaks and gets a stay of execution.
Sent from my iPhone
> On Nov 5, 2015, at 5:08 PM, jhayes@hayesbklaw.com [cdcbaa] wrote:
>
> Assume state court judge says bad guy stole good guy's car - $150,000 in damages - and bad guy stole good guy's baseball card collection, $25,000 in damages. Judgment entered in state court for those amounts. No appeal.
>
> Bad guy files chapter 7. I file a complaint for non-dischargeability against bad guy.
>
> I file a motion for summary judgment in bankruptcy court using the state court judgment. Bankruptcy judge says Hayes is right on the car but the judgment is not sufficient to show that the $25k for the baseball cards was a non-dischargeable debt.
>
> Question: The Court signs an order saying $150k is not dischargeable. We can still go to trial on the $25K. Can I start hitting the bad guy's pay check based on the Order?
>
> Thought on Question. We hit the paycheck based on the state court judgment. The debtor might say we are violating the discharge injunction. But we have an order saying $150k is non-dischargeable. Its not final but so what?
>
> I owe you all a beer for even reading this thing. Any thoughts will be very helpful. Jon
>
>
>
>
The post was migrated from Yahoo.