In Re Scott Warren Cohen CC-23-1057-CFL
Dec 13, 2023OUTCOME: We prevailed at trial court and at the Bankruptcy Appellate Panel on behalf of Carla Cohen.
Debtor Scott Cohen objected to his wife Carla Cohen continuing to prosecute her family law proceeding during a Chapter 7, alleging that she needed to file a non-dischargeability complaint to determine ... whether or not her claims under 11 U.S.C. Sec. 523(a)(15) were discharged. We argued that as a result of the BAPCPA amendments to the bankruptcy code, such complaints were no longer necessary as Congress had excepted these types of claims from the requirement of filing a complaint within any specific time period.