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Consumer as creditor -- fraud claim against a debtor who
Thanks, I have the books and code and Westlaw and should have been more
clear in my question, I apologize for that.
My issue is that since this debt was not listed, creditor could not get
determination of non-dischargability and so now it is an open question. I
know fraud is non-dischargable and if a debt arising out of fraud is not
listed then it is not discharged even without a judicial determination
but this defendant, like most accused of fraud, denies that the debt arose
from fraud.
Procedurally -- is there any way for CREDITOR to get determination of that
the debt was not discharged now that the case is closed?
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Thu, Jun 10, 2010 at 9:42 PM, Mark T.Jessee wrote:
>
>
> See Section 523(a)(3)
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> *On Thu 10/06/10 8:47 PM , Amy Clark kleinpeterbk@gmail.com sent:
> *
>
>
>
> Hello all,
>
> This question is a little backwards as my consumer is the creditor --
> well, backwards from my experiences so far in bankruptcy court,
> anyways!!
>
> My client has a suit against A and B for fraud. A files BK but does
> not list my client. A gets a discharge, it was a no-asset Chapter 7.
>
> I believe my client's claim to be non-dischargeable but the case is
> closed and A is arguing otherwise (of course.)
>
> What is the best course of action?
>
> B is threatening to file but if we are listed, I think I can figure it
> out a little better!
>
> -- Amy Clark Kleinpeter
>
> 1489 E. Colorado Blvd. #207
> Pasadena, CA 91106
> (626) 507-8090
>
> "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
> slate."
>
> "Like the witness protection program!"
>
> "Exactly."
>
>
>
Thanks, I have the books and code and Westlaw and should have been more clear in my question, I apologize for that.My issue is that since this debt was not listed, creditor could not get determination of non-dischargability and so now it is an open question. I know fraud is non-dischargable and if a debt arising out of fraud is not listed then it is not discharged even without a judicial determination butthisdefendant, like most accused of fraud, denies that the debt arose from fraud.
Procedurally -- is there any way for CREDITOR to get determination of that the debt was not discharged now that the case is closed?-- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207
Pasadena, CA 91106(626) 507-8090"Bankruptcy, Michael, is >"Like the witness protection program!""Exactly."
On Thu, Jun 10, 2010 at 9:42 PM, Mark T.Jessee <mjessee@jesseelaw.com> wrote:
See Section 523(a)(3)
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Thu 10/06/10 8:47 PM , Amy Clark kleinpeterbk@gmail.com sent:
Hello all,
This question is a little backwards as my consumer is the creditor --
well, backwards from my experiences so far in bankruptcy court,
anyways!!
My client has a suit against A and B for fraud. A files BK but does
not list my client. A gets a discharge, it was a no-asset Chapter 7.
I believe my client's claim to be non-dischargeable but the case is
closed and A is arguing otherwise (of course.)
What is the best course of action?
B is threatening to file but if we are listed, I think I can figure it
out a little better!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
The post was migrated from Yahoo.