Luc v. Chien – A Cautionary Tale

These three appellate opinions depict the classic story of a plaintiff enjoying victory in a civil proceeding, only to but find recovery illusory. The plaintiff files a fraudulent conveyance action and scores a money judgment against the conveyee. However, the fraudulent conveyee declines payment.

When pressed for payment the fraudulent conveyee files Chapter 7. Claiming that she was the victim of wrongful conduct, the plaintiff files an action to exempt the debt from the discharge under Bankruptcy Code Section 523(a)(6) [willful and malicious conduct].

The victim however, runs out of luck and loses.

The first appellate opinion describes her victory against the landlord.
LUC v CHIU 3/30/2001

The second appellate opinion describes her victory against the conveyee.

LUC v CHIEN 10/28/2003

The third appellate opinion describes the conveyee’s victory in securing a discharge of the debt.

LUC v CHIEN 2/7/2008


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