Discharge after superior court settlement agreement
Posted: Fri Nov 05, 2010 2:05 pm
John: Thank you for your response.
Yes. There is a lack of a judgment in an adversary proceeding
under 523 to make the debt nondischargeable, and the stipulated judgment did not admit to language which could support nondischargeability under 523a2, 4, or 6.
Alan Abergel
>
> I generally agree with David, but I have further questions before I> the same conclusion.
>
> I am assuming that there is a lack of a judgment in an adversary proceeding
> under 523 to make the debt nondischargeable, correct? And I assume that the
> stipulated judgment did not admit to language which could support
> nondischargeability under 523a2, 4, or 6, correct? (the second question is
> actually superfluous " the creditor needs the 523 judgment, not just the
> language in the state court judgment, to enforce the debt).
>
> - John D. Faucher
>
>
> On 11/5/10 1:21 PM, "David Tilem" wrote:
>
> >
> >
> >
> >
> >
> > yes, and
> > yes
> >
> >
> > 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.
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
> >
> >
> > -----Original Message-----
Of Alan
> > Abergel
> > Sent: Thursday, November 04, 2010 5:21 PM
> > To: cdcbaa@yahoogroups.com
> > Subject: [cdcbaa] Discharge after superior court settlement agreement
> >
> >
> > Hi Everyone,
> >
> > Debtor was sued as defendant in the Superior Court
> > Prior to trial, debtor filed a Chapter 7 Petition
> > Plaintiff filed and was granted a relief from stay to continue the litigation
> > in the superior court.
> > Debtor then entered into a settlement agreement and stipulated judgment in the
> > Superior Court. (No LBR 4008-1 reaffirmation agreement form was filed with
> > the bankruptcy court)
> > Debtor is then granted a Discharge by the bankruptcy court.
> > Plaintiff then files a Motion to Enforce the settlement agreement in the
> > superior court.
> >
> > My questions are:
> >
> > 1. Is Plaintiff's conduct a violation of the discharge and contempt of the
> > BK Court's injunction order (the discharge)?
> > 2. If the Superior Court grants the Motion to Enforce the settlement
> > agreement, may the debtor still be able to bring a Motion for Contempt in the
> > BK Court?
> >
> > Thank you in advance for your responses,
> >
> > Alan Abergel, Esq.
> > LAW OFFICES OF ALAN ABERGEL, P.C.
> > 15915 Ventura Blvd., Suite 301
> > Encino, CA 91436
> > Phone: 818-783-4645
> > Fax: 818-235-0159
> > Beverly Hills Office: (310) 779-4537
> > e-mail: alan@...
> > Website: http://abergellaw.com/
> >
> > We are a debt relief agency. We help people file for bankruptcy relief under
> > the Bankruptcy Code.
> >
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> >>> - John D. Faucher
>
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