There are many creditors in business who are in constant fear that their debtors will file for bankruptcy and discharge their debt. Bankruptcy is a common threat many debtors make if their creditor pushes them too hard to pay their debt. However, what many creditors do not realize is that debts that arise out of the perpetration of fraud, intentional wrongdoings, and other reasons that are protected by statute, are not dischargeable in bankruptcy (if the creditor takes the appropriate action to protect the debt).
If your debt is a claim that cannot be discharged in bankruptcy you need to take steps to protect what you are owed. You will need to file a complaint to determine the dischargeability of debt in bankruptcy court. The judge will make a decision regarding whether your claim is exempt from discharge. You may also want to file a motion for a relief from the bankruptcy stay. If you sit silent and do not act, your debt will be discharged along with the debtor’s other creditors’ debt.
Therefore, if you are a creditor and are pursuing a debt and your debtor files for bankruptcy and you believe that your debt arose as a result of fraud, intentional misconduct or some other conduct that may be non-dischargeable in bankruptcy, speak with an experienced litigation or bankruptcy attorney about how to proceed to protect your debt.
For more information on how to protect your debt from being discharged by a bankruptcy in California, contact Amiel Wade or any attorney at Wade Law Group at (888) 909-9430 or email Amiel Wade at awade@wadelitigation.com.
The prominent Law Firm of Wade Law Group procured yet another award in the area of client satisfaction. The latest award was announced yesterday when Avvo awarded the firm the Client Choice Award for 2012 as a result of the firm having received a consistent average of 4 star reviews from the firm’s clients.
A $3,907,000 settlement has been reached in an unfair business practices lawsuit brought against Wyndham, a time-share company. The settlement arose from breach of contract and fraud claims, among other things, that were brought against Wyndam by Casablanca Express. Over a 19 year period, Casablanca Express and Wyndham built a business relationship whereby Casablanca helped Wyndham market and sell its timeshare products. At Wyndham’s request, Casablanca worked almost exclusively for Wyndham. As part of the contract between the parties, Wyndham agreed to give Casablanca a “wind-down” severance agreement, whereby Wyndham would pay Casablanca for three years after terminating its relationship with Casablanca so as to allow Casablanca time to rebuild its business with other clients.
The prominent Law Firm of Wade Law Group procured yet another victory on behalf of their client. Their latest victory involved a Superior Court Summary Judgment entered on behalf of Mui Chong in response to Chong’s motion for summary judgment seeking a total judgment in the amount of $380,000, plus attorney’s fees and costs.
A $6 million settlement has been awarded to a woman who suffered disabling brain injury when she was struck by a car while on a pedestrian crossing in Sacramento. Cathy Lui, just 25 years of age in 2007, when the accident occurred, was hit while on or near a crosswalk located in an “S” curve on Freeport Boulevard in Sacramento. 
If you are about to become involved in litigation, you need an attorney who has your best interest in mind. Unscrupulous attorneys can become conflicted when a client instructs them to try and end their litigation fast so that they can save money on attorney’s fees and costs.