State court case determining dischargeability issues against the
Posted: Wed Nov 25, 2015 2:39 pm
A state court action is being amended to make it more amenable to a bankrupt individual on a cross-complaint to include fraud.
The client wants to reopen the bankruptcy case. I cited Beezley and said that they could go forward in state court
However, I also know that the bankruptcy court has exclusive jurisdiction on dischargeability matters. Even if relief from stay is granted to go into state court they have to go back to bankruptcy court and do an MSJ with the findings of fact and conclusions of law.
Is that still true in a case closed in 2014 that they would have to reopen to get a final judgment in bankruptcy court?
Steve
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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A state court action is being amended to make it more amenable to a bankrupt individual on a cross-complaint to include fraud.
The client wants to reopen the bankruptcy case. I cited Beezley and said that they could go forward in state court
However, I also know that the bankruptcy court has exclusive jurisdiction on dischargeability matters. Even if relief from stay is granted to go into state court they have
to go back to bankruptcy court and do an MSJ with the findings of fact and conclusions of law.
Is that still true in a case closed in 2014 that they would have to reopen to get a final judgment in bankruptcy court?
Steve
Law Offices of Steven B. Lever
Steven B. Lever
(
Tel. (562) 436-5456 ext. 1
(
Fax (562) 485-6886
*
sblever@leverlaw.com
www.leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you.
******************************************************
The post was migrated from Yahoo.