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523 A/P based on unopposed discovery order?
charsetndows-1252
Your question covers a lot of ground, so I will pick a few clear answers:
1. If the complaint doesn't have any legal basis, either follow the Rule 9011/Rule 11 procedure and demand that it be withdrawn; or just make a Rule 12 motion and or motion for more definite statement.
2. A state court sanction motion if made under the right section, can have findings that would sustain a willful and malicious injury to money or property i.e. 523(a)(6). The underlying lawsuit isn't the issue, only the damages caused by the willful conduct.
Good luck and "go to the books"
Jason Wallach
jwallach@gladstonemichel.com
On May 30, 2012, at 12:43 AM, andrewcho67 wrote:
I'm a newbie with 523 A/P's...this one filed by an individual creditor alleging fraud but no specific section of 523...evidence? Despite a prior civil judgment with no finding of fraud, plaintiff alleges fraud is established in an unopposed motion to compel/court order compelling discovery and deeming debtor, then defendant, actions conducted with malice, fraud, etc...I thought 523 A/P's are determined by underlying facts and circumstances? any argument for 9011 sanctions against Plaintiff's attorney? Any help would be appreciated, can't seem to get any takers to respond on the NACBA and Max Garder list...thanks!
charsetndows-1252
Your question covers a lot of ground, so I will pick a few clear answers:1. If the complaint doesn't have any legal basis, either follow the Rule 9011/Rule 11 procedure and demand that it be withdrawn; or just make a Rule 12 motion and or motion for more definite statement.2. A state court sanction motion if made under the right section, can have findings that would sustain a willful and malicious injury to money or property i.e. 523(a)(6). The underlying lawsuit isn't the issue, only the damages caused by the willful conduct.Good luck and "go to the books"
Jason Wallachjwallach@gladstonemichel.com
On May 30, 2012, at 12:43 AM, andrewcho67 wrote:
I'm a newbie with 523 A/P's...this one filed by an individual creditor alleging fraud but no specific section of 523...evidence? Despite a prior civil judgment with no finding of fraud, plaintiff alleges fraud is established in an unopposed motion to compel/court order compelling discovery and deeming debtor, then defendant, actions conducted with malice, fraud, etc...I thought 523 A/P's are determined by underlying facts and circumstances? any argument for 9011 sanctions against Plaintiff's attorney? Any help would be appreciated, can't seem to get any takers to respond on the NACBA and Max Garder list...thanks!
The post was migrated from Yahoo.
Try a 12b motion. Sanctions motions have a tendency to start wars.
Sent from my iPhone
On May 30, 2012, at 12:43 AM, "andrewcho67" wrote:
> I'm a newbie with 523 A/P's...this one filed by an individual creditor alleging fraud but no specific section of 523...evidence? Despite a prior civil judgment with no finding of fraud, plaintiff alleges fraud is established in an unopposed motion to compel/court order compelling discovery and deeming debtor, then defendant, actions conducted with malice, fraud, etc...I thought 523 A/P's are determined by underlying facts and circumstances? any argument for 9011 sanctions against Plaintiff's attorney? Any help would be appreciated, can't seem to get any takers to respond on the NACBA and Max Garder list...thanks!
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Try a 12b motion. Sanctions motions have a tendency to start wars. Sent from my iPhoneOn May 30, 2012, at 12:43 AM, "andrewcho67" <andrew@ascholaw.com> wrote:
I'm a newbie with 523 A/P's...this one filed by an individual creditor alleging fraud but no specific section of 523...evidence? Despite a prior civil judgment with no finding of fraud, plaintiff alleges fraud is established in an unopposed motion to compel/court order compelling discovery and deeming debtor, then defendant, actions conducted with malice, fraud, etc...I thought 523 A/P's are determined by underlying facts and circumstances? any argument for 9011 sanctions against Plaintiff's attorney? Any help would be appreciated, can't seem to get any takers to respond on the NACBA and Max Garder list...thanks!
The post was migrated from Yahoo.
I'm a newbie with 523 A/P's...this one filed by an individual creditor alleging fraud but no specific section of 523...evidence? Despite a prior civil judgment with no finding of fraud, plaintiff alleges fraud is established in an unopposed motion to compel/court order compelling discovery and deeming debtor, then defendant, actions conducted with malice, fraud, etc...I thought 523 A/P's are determined by underlying facts and circumstances? any argument for 9011 sanctions against Plaintiff's attorney? Any help would be appreciated, can't seem to get any takers to respond on the NACBA and Max Garder list...thanks!
The post was migrated from Yahoo.