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Natalie Ann Spilborghs

Natalie Spilborghs’s Answers

2 total

  • Can a housewife with no income go chapter 7 and discharge a negligence judgment arising from a non DUI car accident?

    If I sue and get a judgment against the negligent driver, I am worried about it being dischargeable in bankruptcy. the negligent driver is a housewife married to a professional who makes good money. the wife doesn't work and has not worked in ye...

    Natalie’s Answer

    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 additional litigation in the bankruptcy case should she file.

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

    I filed Chapter 7 Bankruptcy & listed my HOA (home owner's assocation) as a creditor in BK. My BK was discharged. Months later, my HOA filed a State Court action against me for the same debt that was discharged in BK. Is this legal? Can they ta...

    Natalie’s Answer

    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.

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