No. 19-945

Fred S. Pardes v. Susan Doan

Lower Court: California
Docketed: 2020-01-28
Status: Denied
Type: Paid
Tags: asset-concealment automatic-stay bankruptcy-fraud debtor-disclosure estoppel intentionally-omitted-assets post-discharge-injunction unclean-hands
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether a dishonest bankruptcy debtor has unclean hands or is estopped from seeking relief

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case involves a dishonest Bankruptcy Debtor {Susan Doan, Respondent] who intentionally failed to include a Two Million ($2,000,000.00) Dollar Eight Unit apartment complex in her Bankruptcy Schedules. Doan filed her individual Bankruptcy on April 10, 2010. She intentionally did not list either First Coastal Trust or the Eight Unit apartment complex as an asset in her Bankruptcy Schedules. After her discharge on January 6, 2011, Doan as Trustee of First Coastal Trust, continuously owned and operated the Units for ten (10) years after her discharge, without disclosing the post discharge operations, rents and profits to her Bankruptcy Trustee or the Bankruptcy Court. After the Discharge, Pardes who innocently filed his Complaint on July 20, 2010, without any prior knowledge of the Doan Bankruptcy, then resumed prosecution of its complaint, sought and obtained a Default Judgment against only First Coastal Trust, on November 14, 2011. On October 19, 2017, Doan filed a Motion to Set aside the Default Judgment, on the grounds that it was null and void due to a violation of the Bankruptcy Automatic Stay; to which she was ultimately successful. 1. Whether or not a Dishonest Bankruptcy Debtor, who was and is still in the process of committing a post discharge Bankruptcy Fraud against both ii QUESTIONS PRESENTED Continued the State and Bankruptcy Courts, has unclean hands and/or is estopped to seek any type of relief in either Court. 2. Whether or not a Complaint innocently filed in a State Court proceeding, without the Creditor’s prior knowledge of a pending Bankruptcy Proceeding, is only stayed during the bankruptcy proceedings or is void ab initio. 3. Whether or not a Court can use the Post Discharge Injunction to invalidate a Complaint and/or Judgment, obtained after the discharge of a Debtor, as to assets intentionally not listed in the Bankruptcy schedules. 4. Whether or not the Automatic Stay attaches to intentionally and fraudulently omitted assets, otherwise belonging to a Dishonest Debtor.

Docket Entries

2020-03-30
Petition DENIED.
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-01-24
Petition for a writ of certiorari filed. (Response due February 27, 2020)

Attorneys

Fred S. Pardes
Fred Steven PardesLaw Offices of Fred S. Pardes, A Professional Corporation, Petitioner
Fred Steven PardesLaw Offices of Fred S. Pardes, A Professional Corporation, Petitioner