Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

Now Updating
Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Fatima v. Stern

Case Type:
Case Status:
BAP No. CC-17-1235-LSKu (9th Circuit, May 29,2018) Published
A judgment entered agains the debtor for intentional misrepresentation before the commencement of her Chapter 7 bankruptcy case was sufficient to render the judgment debt nondischargeable under section 523(a)(2) and (a)(6).
Procedural context:
In nondischargeability litigation, the bankruptcy court struck the debtor's answer as a sanction for the debtor's failure to make initial disclosures as required by Fed. R. Bankr. P. 7026. The bankruptcy court then entered default judgment against the debtor.
The appellant, January Stern, sued Leyla Fatima in state court for intentional misrepresentation. Fatima failed to show up for her deposition and at a sanctions hearing. The state court granted Stern her claimed damages and discovery sanctions. Fatima then filed a Chapter 7 bankruptcy case. That case was dismissed when Fatima failed to attend her section 341 meeting. Fatima filed a new Chapter 7 petition, and Stern filed an adversary proceeding seeking that the judgment debt be determined to be nondischargeable.
LAFFERTY, SPRAKER, and KURTZ, Bankruptcy Judges

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

2867 in the system

2803 Summarized

1 Being Processed