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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!


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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