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Bankruptcy
Breach of Contract
Breach of Promissory Note

Jasbir Singh v. Ashok Chopra

Published: Dec. 3, 2011 | Result Date: Nov. 15, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 2:11-ap-01370-BB Settlement –  $500,000

Court

U.S. Bankruptcy


Attorneys

Plaintiff

Christian S. Molnar


Defendant

Andrew E. Smyth
(Smyth Law Office)


Facts

This was an adversary proceeding objection by plaintiff/creditor Jasbir Singh, objecting to the discharge of a debt under 11 U.S.C 523(a)(2)(A) & 11 U.S.C. 523(a)(6) of defendant Ashok Chopra, filed in the bankruptcy case of the debtor and stemming from a Los Angeles Superior Court Judgment of $1,207,018 in favor of Singh, which was entered on Jan. 28, 2011. At a court ordered mediation in the adversary proceeding before Franklin C. Adams, mediator, Chopra stipulated to a $500,000 non-dischargeable judgment in favor of Singh.

Contentions

PLAINTIFF'S CONTENTIONS:
Singh contended that the debt based on the State Court Judgment for breach of promissory note, breach of contract, breach of implied covenant of good faith and fair dealing, quantum meruit, equitable lien, constructive trust, fraud (intentional misrepresentation), fraud (negligent misrepresentation), fraud (promise without intent to perform), and unfair business practices, was non-dischargeable based on the fraudulent conduct and/or willful and malicious action of Chopra related to the loan from Singh.

DEFENDANT'S CONTENTIONS:
Chopra contended that the underlying debt from the Superior Court Judgment was dischargeable in bankruptcy.

Damages

$1,207,018.

Result

Case was settled at court ordered mediation and Chopra stipulated to a non-dischargeable judgment of $500,000.

Other Information

FILING DATE: Jan. 28, 2011.


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