Nevada was the leader in the number of bankruptcy filings. As the filings are going down, debtor's counsel are focusing on the fair debt collection practices act and fair credit reporting act.
In a case involving a leading Las Vegas debtor's attorney....he filed suit on behalf of his father asserting that father is entitled to a discharge of a community debt and the creditor is violating the FCRA.
The District Court of Nevada dismissed the case based upon the reading of In re Kimmel, 378 B.R. 630 (9th Cir. 2007) and Norwest Financial v. Lawver, 109 Nev 242 (1993). The Court found that that in a community property state, the non-filing spouse's personal liability for the community debt survives the bankruptcy discharge of the filing spouse's liability for the debt. However, a creditor is prohibited from pursing community property acquired after the bankruptcy to satisfy the non filing spouse's personal liability on the debt.
Although this is a not a published decision, the argument is sound and the citations are proper. 2014 U.S. Dist Lexis 43437 (Kreiger v. Capital One, March 28, 2014 - Case Number 2:13-cv-01389-LDG (VCF)).
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