Forsyth v. Jones

In Forsyth v. Jones (1997) 57 Cal.App.4th 776, the reviewing court held that section 524, subdivision (a) of the Bankruptcy Code does not enjoin an action against a discharged debtor when pursued solely to recover from the debtor's insurer. In so holding, the court explained as follows: "The purpose of bankruptcy in general, and of the discharge and permanent injunction in particular, is to give the debtor the opportunity to make a fresh start financially. .) It is not to deprive a claimant unnecessarily of the means to recover damages for a potentially meritorious claim." (Forsyth v. Jones, supra, 57 Cal.App.4th at pp. 781-782.)