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楊清泉律師專欄 - DOES ‘STOP PAYMENT’ ORDER INDICATE FRAUD? Part 2

楊清泉律師事務所

Who do you think the court sided with? The bankruptcy court ruled for the debtor! “The evidence tends to support the debtor’s rendition of the circumstances,” the court said, adding that this case differed from those in which the debtor received a clear benefit. “In the present case, the chronology of events and the evidence as a whole is insufficient to establish that the debtor induced RPH to provide plumbing works with no intention of paying for the services, i.e., with intent to deceive. At most, the debtor’s belief that the homeowner would be responsible for paying unpaid subcontractors such as plaintiff was an ill-advised assumption, rendering the choice to stop payment on the check a bad one. That bad decision, nevertheless, does not constitute fraud for purposes of 523(a)(2)(A). King David was not that lucky. His first son with Bathsheeba died after a lingering illness and his two other sons were also killed as punishment for coveting Bathsheeba and sending her husband Captain Urriah to the heat of battle where he died.

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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