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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Ninth Circuit: Debt In Asset Case Is Nondischargeable If Debtor Fails to Properly Schedule the Debt

By Lawrence J. Kotler and Geoffrey A. Heaton
July 01, 2024

In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor's failure to properly schedule a debt in an "asset case" renders the debt nondischargeable. Answering the question in the affirmative, the court held that, with the exception of a "no asset" bankruptcy case, a debt is nondischargeable in its entirety if the debtor fails to properly schedule the debt. See, In re Licup, 95 F.4th 1234 (9th Cir. 2024).

Background

In this case, creditor Jefferson Avenue Temecula LLC filed an unlawful detainer action against Christine Tracy Castro in 2012. In January 2013, Jefferson obtained a default judgment against Castro that included a monetary award to Jefferson in the amount of $31,780.29.

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