Legal Opinion

Aldus Green Co. v. Mitchell (In Re Mitchell)

United States Bankruptcy Court, S.D. New York

Decided November 16, 1998No. 17-01093PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM DECISION DETERMINING NON-DISCHARGEABILITY OF RENT OBLIGATION

STUART M. BERNSTEIN, Bankruptcy Judge.

The Plaintiffs, Aldus Green Company (“Al-dus”) and its managing agent, Kraus Management, Inc. (“Kraus”), seek a determination that the debtor’s unpaid rent obligation, accruing between June 1, 1997 and November 30, 1997, is not dischargeable. 1 They rely on sections 523(a)(2)(A) and 523(a)(6) of the Bankruptcy Code. The Court conducted a trial on October 20, 1998, heard the testimony of four witnesses, including the debtor, and received documentary evidence. The Court concludes that…

2Cases cited22 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  4. In Re Michael Anthony Stelluti and Joanne Stelluti, Debtors. Navistar Financial Corporation v. Michael Anthony Stelluti, Joanne StellutiCourt of Appeals for the Second Circuit · 1996
  5. In Re Paul W. Geiger, Debtor. Paul W. Geiger v. Margaret Kawaauhau and Solomon KawaauhauCourt of Appeals for the Eighth Circuit · 1997

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3Cited by27 opinions

  1. Mitsubishi Motors Credit of America, Inc. v. Longley (In Re Longley)Bankruptcy Appellate Panel of the Tenth Circuit · 1999
  2. America First Credit Union v. Gagle (In Re Gagle)United States Bankruptcy Court, D. Utah · 1999
  3. Rupert v. Krautheimer (In Re Krautheimer)United States Bankruptcy Court, S.D. New York · 1999
  4. Owens v. Powell (In re Powell)United States Bankruptcy Court, N.D. New York · 2017
  5. Neshewat v. Salem (In Re Salem)District Court, S.D. New York · 2003

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