Natalie Ann Spilborghs’s Answers

Natalie Ann Spilborghs

Santa Barbara Bankruptcy Attorney.

Contributor Level 3
  1. Can a housewife with no income go chapter 7 and discharge a negligence judgment arising from a non DUI car accident?

    Answered about 2 years ago.

    1. John M Connell
    2. Richard Waldron Bryans Jr.
    3. Natalie Ann Spilborghs
    4. Christian K. Lassen II
    5. Robert Samuel Hoover
    5 lawyer answers

    11 U.S.C. Section 523(6) states that a debt is non-dischargeable for "willful and malicious injury by the debtor to another entity or to the property of another entity." Case law tell us that it is up to state law to determine whether the committed tort is "willful and malicious." It may be best to have an attorney do a little research to determine whether there is case law for this particular set of facts that might render the debt non-dischargeable in your state. Either way, it will be...

    10 lawyers agreed with this answer

  2. Filed Chapter 7 Bankruptcy in California and was still sued by a discharged creditor in CA State Court!

    Answered over 2 years ago.

    1. William James Waters
    2. Hermin A. Dowe
    3. Jonathan David Leventhal
    4. Brian Crozier Whitaker
    5. Brad Francis Weil
    6. ···
    8 lawyer answers

    Homeowner's Associations have special rules when it comes to bankruptcy cases. A debtor can discharge any pre-petition association dues. However, an HOA can sue for the arrears from the date of the petition to present. I would suggest getting an accounting from the HOA to determine the dates for the arrears which they are suing you in State Court for.

    2 lawyers agreed with this answer