United States Ninth Circuit

The Bankruptcy Appellate Panel's ruling that an arbitration debt was nondischargeable in bankruptcy under 11 U.S.C. sections 523(a)(3) and 523(a)(6) is affirmed, where: 1) the creditor's challenge to the dischargeability of the debt was not filed within 60 days of the first date set for the creditors meeting but nonetheless was timely because the chapter 7 debtor did not adequately identify the debt on his Schedule E, and the creditor did not have notice or actual knowledge of the bankruptcy; and 2) the creditor's lawyer's knowledge could not be imputed to the creditor on an agency theory when the lawyer learned of the bankruptcy during his representation of another client and after the completion of his representation of the creditor in relation to the debt.

Appellate Information

• Decided 08/02/2013
• Published 08/02/2013

Judges

• BURNS

Court

• United States Ninth Circuit

Counsel