Category: Bankruptcy Exceptions

Bank Levies and Bankruptcy in California

If you have recently been levied by a creditor then you know first-hand the nasty feeling of being attacked by surprise, sometimes without notice. In order for the creditor to have levied the money from your bank accounts, they must have obtained a court judgment against you as the debtor. (This is different from rights […]

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Debts Incurred By Fraud And Bankruptcy (Adversary Proceedings)

It must be stated before starting that proving fraud in a court of law is a difficult proposition (notwithstanding the obvious) because the court must enter the heart and mind of the accused and determine what intent they held at the time of the act. That said, let's define fraud: FRAUD: The intentional misrepresentation of a material fact, relied upon by […]

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Does A Judgment For Fraud Issued By A State Court Act As Res Judicata In A Bankruptcy Dischargeability Proceeding?

Simply put, no. I'll start by stating that fraud and its appendages as found under 11 U.S.C. 523 are nondischargeable debts (meaning they survive bankruptcy). Now we must define res judicata (or claim preclusion). In its most basic terms, res judicata prevents a dispute already ruled upon by a previous court to be disputed again in another court. Being […]

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11 Usc 523 (A)(6) - Exception To Bankruptcy Discharge

Speaks of willful and malicious injury to person or property. This a delicate subject because terms such as "willful" and "malicious" are difficult to define. Many courts, including the Supreme Court have tackled their definition. Some have held that any act that was willful shall suffice as satisfying this element. The problem with this definition, said the U.S. Supreme Court, […]

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