Salehsari

Salehsari v. Aalam (In re Aalam)

Good Law
538 B.R. 812
United States Bankruptcy Court, Central District of CaliforniaFebruary 24, 2014Case No. : 1:09-bk-20792-VK; Adv. No.: 1: 10-ap-01533-VKCalifornia7,215 words

Opinion

Lead Opinion

Kaufman, J.

MEMORANDUM DECISION

Farhad Salehsari (“Salehsari” or the “Plaintiff’) is requesting a determination that, pursuant to 11 U.S.C. § 523 (a)(2)(A) and (a)(6), obligations of Mahnaz Aalam (“Aalam”) and Mehdy Gharachehdaghy. (“Gharachehdaghy” and together with Aa-lam, the “Defendants”) to the Plaintiff are nondischargeable. The Court conducted the trial on February 24, 2014; the Plaintiff and the Defendants submitted trial briefs and post-trial briefs. Having considered the declarations of Salehsari, Aa-lam and Gharachehdaghy submitted for trial, the witnesses’ testimony at trial, the remainder of the evidentiary record, the parties’ legal memoranda, and the arguments of counsel, the Court will enter a judgment in part for the Defendants and in part for the Plaintiff, based upon the following findings of fact and conclusions of law made pursuant to Fed. R. Civ. P. 52(a), as incorporated into Fed. R. Bankr. P. 7052.

I. STATEMENT OF FACTS

On August 20, 2009, the Defendants filed a chapter 7 petition. On August 5, 2010, Salehsari filed a motion to vacate the Defendants’ discharge as to him only, because he did not receive proper notice of the Defendants’ bankruptcy petition. On…

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