Legal Question in Bankruptcy in California

discharge denied 727(a)(2) what now

I filed bankruptcy in 1996. A former family member filed and adversary proceeding listing dozens of reasons for denial of discharge. All were rejected but one. The court held that I transferred an asset with the intent to hinder or delay a creditor. The court specifically found no fraud and struck that portion of the judgment (prepared by creditor's counsel) that said the debt could never be discharged under 523(a)(10). Does the court have the power to rule that 523(a)(10) does not apply by striking that part of the judgment and is there any relief of any kind available, in bankruptcy or by other means, with respect to the debt not discharged.


Asked on 9/16/04, 2:28 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: discharge denied 727(a)(2) what now

I'm not sure that I follow what happened, other than that the bankruptcy judge ruled that a certain debt was not dischargeable, the reason for which is not clear. If not dischargeable, then you can defend yourself in another court or bring a suit to quiet title, etc. -- i.e. the usual other legal remedies.

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Answered on 9/16/04, 4:26 pm


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