Achterberg

Achterberg v. Creditors Trade Ass'n (In re Achterberg)

Good Law
573 B.R. 819
United States Bankruptcy Court, Eastern District of CaliforniaFebruary 3, 2017Case No. 08-92594-E-7; Adv. Proc. No. 15-9054California9,917 words

Opinion

Lead Opinion

Sargis, J.

MEMORANDUM OPINION AND DECISION

This Adversary Proceeding was commenced by Robert and Stephanie Achter-berg (“Plaintiff-Debtors”) with the filing of the Complaint on July 23, 2016., In the Complaint Plaintiff-Debtors assert that Creditors Trade Association (“Defendant”) violated both the automatic stay and discharge injunction that arose in Plaintiff-Debtors’ Chapter 7 bankruptcy case. 1 In addition to damages relating to such violations, Plaintiff-Debtors request a determination that the state court judgment issued by the California Superior Court, County of San Francisco (“SF Superior Court”) Case No. CGC-08-480700 (“SF Void Judgment”), obtained by Defendant after Plaintiff-Debtors filed their Chapter 7 bankruptcy case, is void. 2 Defendant filed an Answer, denying specific allegations in the Complaint, and asserted affirmative defenses that its conduct was not willful or in reckless disregard, nor done with malice or intent to oppress the Plaintiff-Debtors.

Trial was conducted on September 26, 2016. Though filing an Answer and providing rebuttal testimony at trial, Defendant elected not to present any exhibits or provide any testimony as part of its defense case in chief. 4…

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