523(a)(6) strategy.
Posted: Tue Oct 29, 2013 11:32 pm
There is also the option of having the judgment debtor's spouse file
chapter 7. See Marlene G. Weinstein, The Devil Could Get a Discharge ...
If He Were Married to Snow White!
http://www.cccba.org/attorney/cclawyer- ... -08-31.php. Some
judgment creditors will pay no attention to the filing by the judgment
debtor's spouse even though they receive proper notice of the case.
Community discharge will protect the judgment debtor as long as the
community exists.
If the judgment debtor is a confirmed bachelor, maybe it's time to
reconsider the bankruptcy benefits of nuptial delights.
Alik Segal
On Tue, Oct 29, 2013 at 9:46 PM, cdcbaa wrote:
> **
>
>
> The 523(a)(6) action you describe requires a complaint. If the 341a
> notice is served on the plaintiff and the plaintiff does not file a 523a6
> complaint w/in 60 days, the claim will be discharged.
>
> There is only one 60 day term for filing a 523a6 complaint. So don't
> understand your second question. Cannot get a ch 7 discharge until the 60
> day period expires, so cannot file a 523a6 complaint after discharge
> issued, unless, 341a notice not properly served.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Oct 29, 2013, at 10:33 AM, "Larry Webb" wrote:
>
>
>
> Client has a defamation judgment against her, lost the appeal too. I
> pointed out 523(a)(6) and suggested chapter 13. Client goes to the
> internet and finds 523(c) and wants to file a Ch 7 with the hope that
> judgment creditor will not file an 523(a)(6) motion. ****
>
> ** **
>
> If client goes thru a Ch 7 and gets a discharge, could the adversary then
> file their 523(a)(6) motion putting client in a position with a non
> discharged debt and no Ch 13 option?****
>
> ** **
>
> Best Regards****
>
> ** **
>
> ** **
>
> Larry Webb****
>
> Law Office of Larry Webb****
>
> 484 Mobil Ste 43****
>
> Camarillo, Ca 93010****
>
> 805-987-1400****
>
> http://www.thousandoaksprobate.com/****
>
> Email Larry@webbklaw.com****
>
> ** **
>
> ** **
>
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
There is also the option of having the judgment debtor's spouse file chapter 7. See Marlene G. Weinstein,
hp">http://www.cccba.org/attorney/cclawyer- ... -08-31.php. Some judgment creditors will pay no attention to the filing by the judgment debtor's spouse even though they receive proper notice of the case. Community discharge will protect the judgment debtor as long as the community exists.
If the judgment debtor is a confirmed bachelor, maybe it's time to reconsider the bankruptcy benefits of nuptial delights. Alik Segal
On Tue, Oct 29, 2013 at 9:46 PM, cdcbaa <cdcbaamailbox@gmail.com> wrote:
The 523(a)(6) action you describe requires a complaint. file a 523a6 complaint w/in 60 days, the claim will be discharged.
There is only one 60 day term for filing a 523a6 complaint. So don't understand your second question. Cannot get a ch 7 discharge until the 60 day period expires, so cannot file a 523a6 complaint after discharge issued, unless, 341a notice not properly served.
dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Oct 29, 2013, at 10:33 AM, "Larry Webb" <larry@webbklaw.com> wrote:
Client has a defamation judgment against her, lost the appeal too. I pointed out 523(a)(6) and suggested chapter 13. Client goes to the internet and finds 523(c) and wants to file a Ch 7 with the hope that judgment creditor will not file an 523(a)(6) motion.
If client goes thru a Ch 7 and gets a discharge, could the adversary then file their 523(a)(6) motion putting client in a position with a non discharged debt and no Ch 13 option?
Best Regards
Law Office of Larry Webb484 Mobil Ste 43Camarillo, Ca 93010805-987-1400
http://www.thousandoaksprobate.com/Email Larry@webbklaw.com
-- Alik Segal
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