dischargeability of contingent judgments
Posted: Thu Aug 12, 2010 4:44 pm
Beware this easy conclusion if you are in front of Judge Robles. In a case I
worked on, he held that the MRS was the functional equivalent of a complaint to
object to discharge of the debt, and was upheld by the BAP.
Silvio Nardoni
________________________________
To: cdcbaa@yahoogroups.com
Sent: Thu, August 12, 2010 1:25:23 PM
Subject: RE: [cdcbaa] dischargeability of contingent judgments
Message
I think Plaintiff is done. Complaint needed to be timely filed. Interesting
argument for Courts who prefer to abstain and skip out on their duty of hearing
these cases.
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.
tion
GaryB
Sent: Thursday, August 12, 2010 1:13 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] dischargeability of contingent judgments
Have a client whose Chapter 7 was recently discharged.
He was a defendant in a lawsuit alleging fraud and misrepresentation as amortgage broker. He denies that he was the mortgage broker for plaintiffs.Client filed for Chapter 7 during discovery listing the lawsuit in the
statement of financial affairs, but not on schedule F. Plaintiffs filed aMotion for Relief from Automatic Stay and obtained a Court Order terminating
the Automatic Stay as to plaintiffs and permitting them to pursue their action
in a non-bankruptcy forum with limitations on enforcement of the Judgment.Judge suggested to plaintiffs' attorney to bring an action to determine
dischargeability of debt. Plaintiffs failed to do it and Client received adischarge.
QUESTION: CAN PLAINTIFFS STILL PURSUE CLIENT IN THEIR LAWSUIT AND WHAT CANCLIENT DO?
I would appreciate any feedback.
Please send your comments offline to garybarsegianesq@yahoo.com.
Thank you.
Beware this easy conclusion if you are in front of Judge Robles. In a case I worked on, he held that the MRS was the functional equivalent of a complaint to object to discharge of the debt, and was upheld by the BAP. Silvio NardoniFrom: David A. Tilem
<DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.comSent: Thu, August 12, 2010 1:25:23 PMSubject: RE: [cdcbaa] dischargeability of contingent judgments
The post was migrated from Yahoo.