Central District Consumer Bankruptcy Attorney's Association

I just got asked a question from a NACBA member dealing with a willful
injury caused by a debtor which would (but for the facts below) fall
squarely under the new subsection 1328(a)(4) that sort of shifted
523(a)(6) into 1328, (but changed it from the conjunctive willful AND
malicious conduct, to willful OR malicious).
Anyway, my question is what happens if the Ch. 13 is filed PRIOR to the
plaintiff getting a restitution or other award in a civil action for
willful or malicious injury by the debtor? Is said creditor precluded
from doing so post petition, as I assume? If so, it would seem the
timing of filing Ch. 13 would be very critical in instances where a
debtor committed an intentional tort of that kind.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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> ************ ********* ****
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw. com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this
> means at http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief-
> agencies- definition/
> )
> ____________ _________ _________ _________ _________
> NOTICE: This Electronic Message contains information from the law
> office of Mark J. Markus that may be privileged. The information is
> intended for the use of the addressee only. If you are not the
> addressee, note that any disclosure, copy, distribution or use of the
> contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
> imposed by the IRS, we inform you that any U.S. tax advice contained
> in this communication (or in any attachment) is not intended or
> written to be used, and cannot be used, for the purpose of (i)
> avoiding penalties under the Internal Revenue Code or (ii) promoting,
> marketing or recommending to another party any transaction or matter
> addressed in this communication.
>
>
>
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>

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