Gonzales v. Costanza (In Re Costanza)

MEMORANDUM OPINION

STEWART ROSE, Bankruptcy Judge.

Does the “community discharge”, 11 U.S.C. § 524(a)(3), bar plaintiffs’.complaint and entitle the defendant to relief for violation of its injunctive provisions? 1

The matter came on for bearing on cross motions for summary judgment. The court determines that (a) the complaint is not barred, (b) there has been no violation of the injunction, and (c) the claims are enforceable only from the defendant’s separate property.

In 1984 and early 1985, the defendant defrauded the plaintiffs. Defendant plead guilty to the frauds perpetrated upon plaintiffs…