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W. Valley Med. Partners, LLC v. Menaker (In re Menaker)

Name
IN RE: Stanley MENAKER and Marina Menaker, Debtors. West Valley Medical Partners, LLC, Plaintiff, v. Stanley Menaker and Marina Menaker, Defendants.
Attorney(s)
Michael Jay Berger, Beverly Hills, CA, for Defendants., Martin R. Barash, United States Bankruptcy Judge The principal question presented by this adversary proceeding is whether a chapter 13 debtor's failure to list and schedule a debt in time for the creditor to timely file a proof of claim renders the debt nondischargeable under Bankruptcy Code section 523(a)(3)(A), irrespective of the reason for that failure, the election of the creditor not to seek leave to file an untimely proof of claim, or other equitable considerations. Where the creditor does not otherwise have notice or actual knowledge of the chapter 13 case before the claims bar date, the Court answers this question in the affirmative., The Court conducted a trial in this adversary proceeding on October 15, 2018. Plaintiff West Valley Medical Partners, LLC ("West Valley" or "Plaintiff") was represented by Ian Landsberg of Landsberg Law, APC. Defendants Stanley Menaker and Marina Menaker (the "Defendants" or the "Debtors") were represented by Michael Jay Berger of the Law Offices of Michael Jay Berger. The Court has received post-trial briefing from the parties, heard and considered the oral arguments of counsel, and reviewed the trial record. The matter is now ripe for decision. This Memorandum of Decision constitutes the Court's findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.

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