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Many Thanks to Troy McKenzie

posted by Adam Levitin

On behalf of Credit Slips, I want to thank Troy McKenzie for joining us a guest blogger. Professor McKenzie's posts raised lots of interesting questions about attorneys' fees in bankruptcy and the Constitutional status of bankruptcy courts. I'm glad to see that his posts spurred some good discussion. Thank you again Troy!

Comments

I filed as an adversary claim on some fraud charges against a friend who used undue influence in acquiring a loan of $40,000. He filed BK
on $40,000 he took from as I was an alcoholic and was duped by this man who did not tell me of his huge debt when I gave him my retirement money. I filed my charges against the husband and did not include the wife who filed jointly with him.
The wife was granted bk but we are now in court (husband and myself). He is claiming the case should be dismissed because his wife received bk and it was a joint loan. He is claiming I cannot legally sue him as this is a property state California and the suit should be dismissed. There was fraud but is his claim correct even if there is fraud he is home free.
What is your opinion on this if I win nondischarability from him.
R Ricard

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  • As a public service, the University of Illinois College of Law operates Bankr-L, an e-mail list on which bankruptcy professionals can exchange information. Bankr-L is administered by one of the Credit Slips bloggers, Professor Robert M. Lawless of the University of Illinois. Although Bankr-L is a free service, membership is limited only to persons with a professional connection to the bankruptcy field (e.g., lawyer, accountant, academic, judge). To request a subscription on Bankr-L, click here to visit the page for the list and then click on the link for "Subscribe." After completing the information there, please also send an e-mail to Professor Lawless (rlawless@illinois.edu) with a short description of your professional connection to bankruptcy. A link to a URL with a professional bio or other identifying information would be great.

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