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.