[CLBS] Interesting 9th Cir Case

[Alexandra Caval]

Because I spent way too much time on the 9th Circuit's website today figuring out filing procedures, I saw this case which was kind of interesting and a quick read:

In re Perle
In a nutshell, 9th Circuit affirmed BAP decision that an arbitration debt was nondischargeable under 523(a)(3) and 523(a)(6). Although the creditor didn't challenge dischargeability within 60 days of the 341 meeting of creditors, it was still timely because (1) the Debtor's schedules failed to adequately identify the debt in the Schedules, and (2) the creditor didn't have actual knowledge of the bankruptcy because the panel refused to hold that a lawyer's knowledge of a debtor's bankruptcy during the representation of a different client cannot be imputed to his former client via agency law. To hold otherwise would put too much of a burden on attorneys according to the 9th Circuit.

Sincerely,

Alexandra O. Caval
Staff Attorney
Office of Kathleen A. McCallister
Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
T: (208) 922-5100
F: (208) 922-5599
alex at kam13trustee.com<mailto:alex at kam13trustee.com>

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