+973.584.6200
hdarlingesq@verizon.net

Blocking a Chapter 7 Discharge

Blocking a Chapter 7 Discharge

A woman claiming misrepresentation by a construction company filed a complaint seeking to block entry of a Chapter 7 discharge. The appeal was dismissed for failure to comply with Federal Rule of Bankruptcy Procedure 8006 and the woman sought reconsideration of the dismissal. The woman attempting to block the discharge, Filomena Boccella commenced an adversary proceeding pro se against the debtor based on claims grounded in consumer fraud and theft by deception. At the last minute, the Boccella sought to amend her complaint in order to avoid dismissal. Boccella’s opposition to the discharge was based on the fraud portions of 11 U.S.C. § 727(c), (d),(e) but her allegations were more aligned with 11 U.S.C. § 523(a)(2). Due to Boccella’s ineffective pursuit of the matter her case was dismissed, as was her appeal for failure to comply with Federal Rule of Bankruptcy Procedure 8006. In reviewing the motion for reconsideration of the dismissal the court, in In re Purington, looked to the matter of Poulis v. State Farm Fire & Cas. Co.,747 F.2d 863, 868 (3d Cir. 1984) where the court set forth 6 factors which must be considered in deciding whether a case may be dismissed without a hearing on the merits. The Poulis factors included (1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; (3) a history of intentional delay by the party; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) whether other sanctions, short of dismissal, are more appropriate and curative; and (6) the meritoriousness of the claim or defense. Upon consideration, the court found dismissal of Bocella’s motion for reconsideration was inappropriate and reinstated her appeal. If you have been carrying the burden of IRS or other substantial debt, you can also obtain relief through bankruptcy. If you are considering bankruptcy you should consult with an experienced bankruptcy attorney immediately in order to protect your rights. For more information regarding foreclosure, bankruptcy or other consumer debt matters in New Jersey visit TheNJBankruptcyAttorney.com. This blog is for information purposes only and in no way is intended to replace the advice of an attorney regarding your specific matter. Our law firm is a debt relief agency and helps people file for bankruptcy relief.

Leave a Comment