《楊清泉律師專欄》CONTRACTOR WINS AGAINST NONDISCHARGEABILITY CLAIMS OF CLIENT(Part II)
楊清泉律師事務所
CONTRACTOR WINS AGAINST NONDISCHARGEABILITY CLAIMS OF CLIENT(Part I)
Plaintiff obtained a judgment of $1.6 million against debtor’s wife and wizard but could not get a judgment against debtor because he filed for bankruptcy. Plaintiff then filed an adversary complaint asserting that it held a claim that was non-dischargeable pursuant to Section 523(a)(2) and (a)(6), fraud and deceit, and intent to cause injury. At trials, it was revealed that seven clients paid debtor to build homes for them between June 2004 and April 2006. None of the homes were completed, and all of the clients filed complaints with the DBPR, but only plaintiff asked to tar and feather debtor. IT was also discovered that the debtor used money paid to Wizard to pay his personal expenses. The court found no proof that the debtor falsely represented that the house would be completed within one year, noting that there was too little information regarding the debtor’s financial condition to conclude that it was impossible, and the plaintiff’s repudiation of the contract prevented performance. But even if the representation was false, the court found no evidence of INTENT TO DECEIVE. The court also found no intent to harm plaintiff. Buried in the plaintiff’s post trial brief was a request that the court amend the pleadings to conform to the evidence presented at trial and rule that its claim be excepted under Section 523(4) – “fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;”. However, the court disagreed with plaintiff because plaintiff’s counsel did not bring this factor up at trial.
Plaintiff’s claim for $1.6 million 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 obtained a judgment of $1.6 million against debtor’s wife and wizard but could not get a judgment against debtor because he filed for bankruptcy. Plaintiff then filed an adversary complaint asserting that it held a claim that was non-dischargeable pursuant to Section 523(a)(2) and (a)(6), fraud and deceit, and intent to cause injury. At trials, it was revealed that seven clients paid debtor to build homes for them between June 2004 and April 2006. None of the homes were completed, and all of the clients filed complaints with the DBPR, but only plaintiff asked to tar and feather debtor. IT was also discovered that the debtor used money paid to Wizard to pay his personal expenses. The court found no proof that the debtor falsely represented that the house would be completed within one year, noting that there was too little information regarding the debtor’s financial condition to conclude that it was impossible, and the plaintiff’s repudiation of the contract prevented performance. But even if the representation was false, the court found no evidence of INTENT TO DECEIVE. The court also found no intent to harm plaintiff. Buried in the plaintiff’s post trial brief was a request that the court amend the pleadings to conform to the evidence presented at trial and rule that its claim be excepted under Section 523(4) – “fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;”. However, the court disagreed with plaintiff because plaintiff’s counsel did not bring this factor up at trial.
Plaintiff’s claim for $1.6 million 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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