How does Section 523(a)(1)(B) of the California Civil Code apply?

federal, United States of America

The following excerpt is from Sienega v. Cal. Franchise Tax Bd. (In re Sienega), Adv. No. 18-02191, BAP No. EC-19-1334-FLS (B.A.P. 9th Cir. 2020):

We begin with the text of the statutes. "The preeminent canon of statutory interpretation requires us to presume that [the] legislature says in a statute what it means and means in a statute what it says there. Thus, our inquiry begins with the statutory text, and ends there as well if the text is

Page 7

unambiguous." Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 951 (9th Cir. 2009) (citation omitted).

Section 523(a)(1)(B) provides that a chapter 7 discharge excludes a debt:

523(a)(1)(B). Section 523(a) also provides, in the "hanging paragraph" at the end of the subsection:

Page 8

Other Questions


Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Does Section 1915(g) of the Civil Code of Civil Procedure apply to a claim that was previously dismissed under Section 1915? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Can a plaintiff bring a claim for malicious prosecution under section 1983 of the California Civil Code of Civil Procedure against the Department of Justice for improper search and seizure of personal information? (MultiRegion, United States of America)
How does section 2255 of the California Civil Code apply? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for finding a finding in a motion seeking to apply section 2D1.1(b)(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.