11 U.S.C. § 523

Contract Attorneys Fees Bankruptcy Litigation California Code Civil Procedure 1021

Motion for Attorney’s Fees in Bankruptcy Adversary Proceedings Under Contract [California CCP 1021]

While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties … Read More

Nondischargeability for Fraud Other than a Statement Respecting the Debtor’s Financial Condition

Nondischargeability for Fraud “Other Than a Statement Respecting the Debtor’s Financial Condition” in Bankruptcy [11 USC 523(a)(2)(A) & 523(a)(2)(B)]

Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition” The Supreme Court has held that nondischargeability under Section 523(a)(2)(A) of the Bankruptcy Code for fraudulent misrepresentations “other than a statement respecting the debtor’s or an insider’s financial condition” means that creditors in bankruptcy are barred from claiming … Read More

Anti-SLAPP attorney

Dischargeability of Debt for “Willful & Malicious Injury” – 11 U.S.C. § 523(a)(6)

No Discharge of Debt Arising From Willful and Malicious Injury Non-Dischargeability under 11 U.S.C. § 523(a)(6) A primary purpose of filing for bankruptcy is to provide the debtor with the opportunity to discharge their debts, thereby obtaining a fresh start. However, not all debts are dischargeable under the United States Bankruptcy Code. One category of … Read More

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