Central District Consumer Bankruptcy Attorney's Association

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How about 727(b) which starts off with "except as provided in Section 523".
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven B Lever
Sent: Thursday, April 23, 2009 11:56 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Why is a pending AP not discharged
I have a crazy situation where I got relief to litigate dischargeability
issues in state court where other causes of action were pending on the same
common nucleus of facts. The state court judge wanted the complaint to be
amended to include the bankruptcy causes of action under 523.
Then the defendant demurs to the amended complaint because the
Debtor/Defendant receives her discharge order. We filed the timely 523
action in bankruptcy court where the AP is stayed pending resolution of the
state court action.
The demurrer claims the state court action is moot and the state court has
no jurisdiction to hear the matter due to the discharge order.
I know this comes from left field, but Im having trouble getting started to
show that an AP pending excludes the debt from discharge pending the
outcome. It says so right on the order, but I was wondering if anyone knows
the statutory or rules basis for why Debtor/Defendant is wrong. Can anyone
help out?
Also, does anyone know any good cases on jurisdiction that may be
applicable?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456
>( Fax (562) 684-0202
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
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Message
How about 727(b) which
starts off with "except as provided in Section 523".


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Start w/ 11 U.S.C. Section 727(b) (discharge except as provided under 523); then look at first line of 523(a) "A discharge under 727 . . . does not discharge an individual. . ."; then cite the exceptions under 523 under which you are referenced in your timely filed AP filed in BK court and which are being litigated in state court.
chargeable causes of action, you may have to dismiss the dischargeable causes of action, but litigation on the nondischargeable causes of action can proceed.

The post was migrated from Yahoo.

I have a crazy situation where I got relief to litigate dischargeability
issues in state court where other causes of action were pending on the same
common nucleus of facts. The state court judge wanted the complaint to be
amended to include the bankruptcy causes of action under 523.
Then the defendant demurs to the amended complaint because the
Debtor/Defendant receives her discharge order. We filed the timely 523
action in bankruptcy court where the AP is stayed pending resolution of the
state court action.
The demurrer claims the state court action is moot and the state court has
no jurisdiction to hear the matter due to the discharge order.
I know this comes from left field, but I'm having trouble getting started to
show that an AP pending excludes the debt from discharge pending the
outcome. It says so right on the order, but I was wondering if anyone knows
the statutory or rules basis for why Debtor/Defendant is wrong. Can anyone
help out?
Also, does anyone know any good cases on jurisdiction that may be
applicable?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456
>( Fax (562) 684-0202
>* 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.