Of Counsel Kathleen Cashman-Kramer authored a case update titled, “In re Bartenwerfer – Debtors Beware: Creditor’s Attorneys’ [sic] Fees for Prosecuting Section 523 Action May Also Be Non-Dischargeable, Regardless of the Amount” which was published in the Insolvency Law Committee E-Bulletin (October 2020) by the Business Law Section of the California Lawyers Association (CLA). The article was written by Ms. Cashman-Kramer with editorial contributions from Insolvency Law Committee member Joseph Boufadel of Salvato Law Offices in Los Angeles.
In the article, Ms. Cashman-Kramer analyzes the case Bartenwerfer v. Buckley (In re Bartenwerfer), 613 B.R. 730 (9th Cir. BAP Apr. 23, 2020) where the Bankruptcy Appellate Panel for the Ninth Circuit determined that the creditor’s attorney’s fees were wholly nondischargeable during the third appeal in the case relating to the nondischargeable judgment. She further explains the reasoning behind the Bankruptcy Appellate Panel’s decision to affirm the bankruptcy court’s determination that the creditor was entitled to his attorney’s fees as part of the nondischargeable judgment.
To read the entire article, click here.
Ms. Cashman-Kramer practices in the areas of bankruptcy and other insolvency matters as well as in commercial and real estate litigation. Her representation in the Bankruptcy Court includes bankruptcy trustees, secured, priority and unsecured creditors, lessors, and bankruptcy debtors in commercial Chapter 11 and Chapter 7 bankruptcy proceedings. She has represented a Chapter 13 Trustee for the U.S. Bankruptcy Court for the Southern District of California. She also has represented title insurance companies as well as individual and corporate parties in business and real estate litigation.
About Sullivan Hill:
Sullivan Hill has provided efficient, aggressive, and responsive legal representation for more than 50 years. The firm provides full service representation to clients in a variety of industries with an emphasis in insolvency, construction disputes, insurance coverage, real estate, business disputes, civil litigation, and transactional work. The firm has offices in San Diego and Las Vegas.