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Violation of discharge injunction: Lawsuit filed against Debtor after discharge
Holly:
Sorry, but most courts won't grant sanctions when you write a letter and the other side complies.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 9, 2015, at 10:43 AM, Holly Roark hollyroark22@gmail.com [cdcbaa] wrote:
>
> Well after 11 years of practice, I finally have one of these! The creditor was listed in the no asset chapter 7 and had a full and fair opportunity to file a 523 if they wanted to three years ago, but they didn't. Now they filed a state court complaint which does not have fraud cause of action but has all kinds of "fraud" references in the complaint.
>
> Where do I start? I know in CDCA it's hard to get sanctions for these violations (or so I've heard).
>
> If I send the atty correspondence advising him of the violation of the discharge injunction and he dismisses the complaint, is that it? No sanctions? It would be nice to get money for my time and for the stress on my client who is freaking out. Your strategic and procedural guidance is much appreciated.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> and Sports Lawyer
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California & District of Idaho - 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
>
>
Sorry, but most courts won't grant sanctions when you write a letter and the other side complies.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voiceOn Nov 9, 2015, at 10:43 AM, Holly Roark hollyroark22@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Well after 11 years of practice, I finally have one of these! The creditor was listed in the no asset chapter 7 and had a full and fair opportunity to file a 523 if they wanted to three years ago, but they didn't. Now they filed a state court complaint which does not have fraud cause of action but has all kinds of "fraud" references in the complaint.Where do I start? I know in CDCA it's hard to get sanctions for these violations (or so I've heard).If I send the atty correspondence advising him of the violation of the discharge injunction and he dismisses the complaint, is that it? No sanctions? It would be nice to get money for my time and for the stress on my client who is freaking out. Your strategic and procedural guidance is much appreciated.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.
Well after 11 years of practice, I finally have one of these! The creditor
was listed in the no asset chapter 7 and had a full and fair opportunity to
file a 523 if they wanted to three years ago, but they didn't. Now they
filed a state court complaint which does not have fraud cause of action but
has all kinds of "fraud" references in the complaint.
Where do I start? I know in CDCA it's hard to get sanctions for these
violations (or so I've heard).
If I send the atty correspondence advising him of the violation of the
discharge injunction and he dismisses the complaint, is that it? No
sanctions? It would be nice to get money for my time and for the stress on
my client who is freaking out. Your strategic and procedural guidance is
much appreciated.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - 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
Well after 11 years of practice, I finally have one of these! The creditor was listed in the no asset chapter 7 and had a full and fair opportunity to file a 523 if they wanted to three years ago, but they didn't. Now they filed a state court complaint which does not have fraud cause of action but has all kinds of "fraud" references in the complaint.Where do I start? I know in CDC
The post was migrated from Yahoo.