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微博《楊清泉律師專欄》DUNKIN DONUTS JUDGMENT NOT CONCLUSIVE ON INTENT TO…(PART II)
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時間:08/18/2011
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《楊清泉律師專欄》DUNKIN DONUTS JUDGMENT NOT CONCLUSIVE ON INTENT TO DECEIVE FOR BK DISCHARGE (PART I)
Plaintiff was so confident of its complaint objecting to discharge that it immediately filed a motion for summary judgment. To obtain a summary judgment, a party needs to prove that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law. Surprise! The bankruptcy court denied the motion for summary judgment, finding that ‘res judicata’ (a previous judgment on the same issue) did not apply, and holding that the state court judgment failed to make a clear finding regarding the debtor’s intent. At trial, the plaintiff called no witnesses. “This court previously concluded that the State Court Decision was insufficient to establish intent. The additional exhibits, consisting of the complaint, the motion for summary judgment and related exhibits, including the debtor’s deposition testimony, do not suffice to prove the debtor acted to deceive or defraud the plaintiff. The debtor testified that she was required by Dunkin Donuts to hold the shares of the franchises from Mr. Kuncman, that she believed she received the transfer of the martial property as a gift from Mr. Kuncman, and that she was aware that money from the franchises was being used to pay the mortgage on the marital home. Plaintiff did not present any evidence to controvert this testimony nor did plaintiff challenge the debtor’s credibility. Plaintiff failed to prove debtor acted with intent to defraud. $96,042 CLAIM IS DISCHARGED.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
Plaintiff was so confident of its complaint objecting to discharge that it immediately filed a motion for summary judgment. To obtain a summary judgment, a party needs to prove that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law. Surprise! The bankruptcy court denied the motion for summary judgment, finding that ‘res judicata’ (a previous judgment on the same issue) did not apply, and holding that the state court judgment failed to make a clear finding regarding the debtor’s intent. At trial, the plaintiff called no witnesses. “This court previously concluded that the State Court Decision was insufficient to establish intent. The additional exhibits, consisting of the complaint, the motion for summary judgment and related exhibits, including the debtor’s deposition testimony, do not suffice to prove the debtor acted to deceive or defraud the plaintiff. The debtor testified that she was required by Dunkin Donuts to hold the shares of the franchises from Mr. Kuncman, that she believed she received the transfer of the martial property as a gift from Mr. Kuncman, and that she was aware that money from the franchises was being used to pay the mortgage on the marital home. Plaintiff did not present any evidence to controvert this testimony nor did plaintiff challenge the debtor’s credibility. Plaintiff failed to prove debtor acted with intent to defraud. $96,042 CLAIM IS DISCHARGED.
Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.
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(626) 284-1142
個人、公司破產，第7、13章，破產法庭出庭訴訟
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