=?iso-8859-1?Q?BP_=A7_17200_Dischargeability?=
Posted: Thu Jul 08, 2004 10:46 am
There's growing number of BP 17200 claims bootstrapped with other causes of action for small business owners.
The core demand of 17200 is (1)injunction to prevent unlawful business practices (2)attorneys fees.
I have a client that were in building contracting business, filed ch7, and got discharged over a year ago.
Now they bring me a lawsuit filed by one of the homeowners for the un-finished building project that started prior to Ch7 commencement. Complaint includes a)breach of contract, b)fraud, & c)BP17200.
I believe the contractual obligation has been discharged by the Ch7 (no asset case), but how do you deal with the BP17200 aspect? It appears that clients were in contracting business for at least 3 months after the discharge (they were winding down).
In certain instances for BP17200, filing a confession(admission) tolls the accumulation of attorneys fees, but then there's no guarantee that you could make arguments to adjust the attorneys fees that were accumulated so far.
Sun N. Han,
Attorney at Law
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There's growing number of BP 17200 claims
bootstrapped with other causes of action for small business owners.
The core demand of 17200 is (1)injunction to
prevent unlawful business practices (2)attorneys fees.
I have a client that were in building contracting
business, filed ch7, and got discharged over a year ago.
Now they bring me a lawsuit filed by one of
the homeowners for the un-finished building project that started prior to Ch7
commencement. Complaint includes a)breach of contract, b)fraud, &
c)BP17200.
I believe the contractual obligation has been
discharged by the Ch7 (no asset case), but how do you deal with the BP17200aspect? It appears that clients were in
contracting business for at least 3 months after the discharge (they were
winding down).
In certain instances for BP17200, filing aconfession(admission) tolls the accumulation of attorneys fees, but then there's
no guarantee that you could make arguments to adjust the attorneys fees that
were accumulated so far.
The post was migrated from Yahoo.