Legal Opinion

Hiersche v. Brassard (In Re Brassard)

United States Bankruptcy Court, D. Maine

Decided January 5, 1994No. 19-20041PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

Responding to this court’s sua sponte show cause order, the plaintiff, Alfred O. Hiersche, Sr. (“Hiersche”) has filed papers to support theories by which his complaint, invoking §§ 727(d)(1), 727(d)(3), 523(a)(2), and 523(a)(4), 1 might succeed. Having reviewed those submissions, I conclude that Hiersche cannot prevail under either § 727(d)(1) or § 727(d)(3). Those claims will be dismissed. He may, however, proceed with his § 523 claims by amending his complaint to invoke § 523(a)(3).

Procedural History

Russell J. Brassard (“Brassard”…

2Cases cited40 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Segal v. RochelleSupreme Court of the United States · 1966
  3. Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981
  4. Lines v. FrederickSupreme Court of the United States · 1970
  5. Dewey Baker v. Director, United States Parole CommissionCourt of Appeals for the D.C. Circuit · 1990

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3Cited by6 opinions

  1. Seton Hall University v. Van Ess (In Re Van Ess)United States Bankruptcy Court, D. New Jersey · 1994
  2. In Re McKinnonUnited States Bankruptcy Court, D. Maine · 1994
  3. Yoppolo v. Sayre (In Re Sayre)United States Bankruptcy Court, N.D. Ohio · 2004
  4. Collora v. Leahy (In Re Leahy)United States Bankruptcy Court, D. Maine · 1994
  5. Car Care Center of Crystal Lake, Ltd. v. Miller (In Re Miller)United States Bankruptcy Court, E.D. Wisconsin · 2005

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