Central District Consumer Bankruptcy Attorney's Association

Jeff, Assuming the underlying judgment was entered in CA(state or federal, makes little difference), take a look at CCP 685.040: costs must be reasonable AND necessary, and no attorneys' fees allowed on judgment enforcement unless the underlying judgment awarded them per CCP 1033.5. n principal amount for up to 10 years until/unless renewed)).
One other thought: obtaining costs/fees on a bk judgment is accomplished not by asking for them on MSJ, but by filing and serving a costs bill (FRBP 7054) as to which opposition may be filed, and Court Manual 2.8 provides a laundry list of what costs are permitted.
Gary R. Wallace
Law Office of Gary R. Wallace
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA 90292
Email: garyrwallace@ymail.com
Office: (310) 775-8719
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, May 14, 2013 10:03 AM
Subject: [cdcbaa] Re: Res Judicata
FRBP Rule 68.
I made that offer 18 months ago the week the case was filed BEFORE I answered, offering a Declaratory Judgment that tracked the code sections 523(a)(5) & (15).
It was ignored.
>
> Jeff:
>
> What is the rule for making an offer to settle? At home and don't recall the number.
> Immediately file the offer.
> Unfortunately, even if you cannot get two judgments, the lawyer could go back to the state court and add reasonable collection costs.
> You need to file the offer to cut off the further fees.
>
> d
>
> Sent from my iPad
>
> On May 7, 2013, at 8:21 AM, "jbsesq1965" wrote:
>
> > Assume these facts:
> >
> > Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
> >
> > We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
> >
> > Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
> >
> > Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
> >
> > Any input would be appreciated.
> >
> > Jeff Smith.
> >
> >
>

The post was migrated from Yahoo.

FRBP Rule 68.
I made that offer 18 months ago the week the case was filed BEFORE I answered, offering a Declaratory Judgment that tracked the code sections 523(a)(5) & (15).
It was ignored.
>
> Jeff:
>
> What is the rule for making an offer to settle? At home and don't recall the number.
> Immediately file the offer.
> Unfortunately, even if you cannot get two judgments, the lawyer could go back to the state court and add reasonable collection costs.
> You need to file the offer to cut off the further fees.
>
> d
>
> Sent from my iPad
>
> On May 7, 2013, at 8:21 AM, "jbsesq1965" wrote:
>
> > Assume these facts:
> >
> > Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
> >
> > We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
> >
> > Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
> >
> > Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
> >
> > Any input would be appreciated.
> >
> > Jeff Smith.
> >
> >
>

The post was migrated from Yahoo.

Jeff:
What is the rule for making an offer to settle? At home and don't recall the number.
Immediately file the offer.
Unfortunately, even if you cannot get two judgments, the lawyer could go back to the state court and add reasonable collection costs.
You need to file the offer to cut off the further fees.
d
Sent from my iPad
On May 7, 2013, at 8:21 AM, "jbsesq1965" wrote:
> Assume these facts:
>
> Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
>
> We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
>
> Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
>
> Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
>
> Any input would be appreciated.
>
> Jeff Smith.
>
>

The post was migrated from Yahoo.

Postjudgment interest on the state court judgment accrues at 10%. The atty fees are much more problematic.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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To: cdcbaa
Sent: Fri, May 10, 2013 9:49 am
Subject: Re: [cdcbaa] Res Judicata
it is well settled that under the American Rule, a prevailing litigant is ordinarily not entitled to collect a reasonable attorneys fee from the loser. Travelers Casualty & Surety Co. of Am. v. Pacific Gas & Elec. Co., 549 U.S. 443, 448 (2007) (quotation marks omitted). Bankruptcy courts, like all federal courts, are bound by the American Rule. In re Fox, 725 F.2d 661, 662 (11th Cir. 1984).
Have a look at this....
Christine
On Tue, May 7, 2013 at 8:21 AM, jbsesq1965 wrote:
Assume these facts:
Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
Any input would be appreciated.
Jeff Smith.
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
Our New Office Location:
12650 Hoover Street
Garden Grove, CA 92841
Mailing:
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
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Postjudgment interest on the state court judgment accrues at 10%. The atty fees are much more problematic.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com

Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.

The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, May 10, 2013 9:49 am
Subject: Re: [cdcbaa] Res Judicata

The post was migrated from Yahoo.

it is well settled that under the American Rule, a prevailing litigant
the
loser. Travelers Casualty & Surety Co. of Am. v. Pacific Gas & Elec. Co.,
549 U.S. 443, 448 (2007) (quotation marks omitted). Bankruptcy courts,
like all federal courts, are bound by the American Rule. In re Fox, 725
F.2d 661, 662 (11th Cir. 1984).
Have a look at this....
Christine
On Tue, May 7, 2013 at 8:21 AM, jbsesq1965 wrote:
> **
>
>
> Assume these facts:
>
> Client has a fraud judgment from 2007 against him. It was fully litigated
> and he lost on factual findings.
>
> We filed BK and he was told in no uncertain terms that the debt would be
> found not discharged if pursued. There were other debts that were the real
> source of the problem, all discharged. Creditor timely filed a 523(a)(2)
> case. We offered, immediately, a declaratory judgment in BK court that the
> state judgment be found not discharged.
>
> Creditor counsel declined the offer! Instead he filed a summary judgment
> action seeking another JUDGMENT that includes his lawyers fees, and all the
> interest at 10% on the 2007 judgment!
>
> Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems
> almost axiomatic that he can't have two judgments in differing amounts for
> the same debt. I can't find any similar cases in 523 context but I just
> feel that I'm not looking in the right places here.
>
> Any input would be appreciated.
>
> Jeff Smith.
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Our New Office Location:
12650 Hoover Street
Garden Grove, CA 92841*
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
it is well settled that under the American Rule, a prevailing litigant is ordinarily not entitled to collect a reasonable attorneys fee from the loser. Travelers Casualty & Surety Co. of Am. v. Pacific Gas & Elec. Co., 549 U.S. 443, 448 (2007) (quotation marks omitted). Bankruptcy courts, like all federal courts, are bound by the American Rule. In re Fox, 725 F.2d 661, 662 (11th Cir. 1984).
Have a look at this....ChristineOn Tue, May 7, 2013 at 8:21 AM, jbsesq1965 <jsmith@cgsattys.com> wrote:
Assume these facts:
Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
Any input would be appreciated.
Jeff Smith.
-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOur New Office Location:12650 Hoover StreetGarden Grove, CA 92841Mailing:
4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563Fax: 1-636-212-7078Email:
The post was migrated from Yahoo.

Assume these facts:
Client has a fraud judgment from 2007 against him. It was fully litigated and he lost on factual findings.
We filed BK and he was told in no uncertain terms that the debt would be found not discharged if pursued. There were other debts that were the real source of the problem, all discharged. Creditor timely filed a 523(a)(2) case. We offered, immediately, a declaratory judgment in BK court that the state judgment be found not discharged.
Creditor counsel declined the offer! Instead he filed a summary judgment action seeking another JUDGMENT that includes his lawyers fees, and all the interest at 10% on the 2007 judgment!
Res Judicata? Collateral Estoppel as to the AMOUNT of the debt? It seems almost axiomatic that he can't have two judgments in differing amounts for the same debt. I can't find any similar cases in 523 context but I just feel that I'm not looking in the right places here.
Any input would be appreciated.
Jeff Smith.

The post was migrated from Yahoo.