Legal Opinion
Jones v. Warren Construction (In Re Jones)
United States Bankruptcy Court, M.D. Tennessee
Decided August 7, 2003No. Bankruptcy No. 302-09099, Adversary No. 303-0216APublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM & ORDER
KEITH M. LUNDIN, Bankruptcy Judge.
The issue began as whether the defendant violated the discharge injunction in 11 U.S.C. § 524 when it garnished the debt- or’s wages to collect a prepetition debt. Because the defendant was not a scheduled creditor and did not have notice or knowledge of bankruptcy, the issue became whether the defendant’s debt was discharged pursuant to 11 U.S.C. § 523(a)(3)(B). In a third twist, the defendant contends on summary judgment that its “colorable” claim of prepetition misconduct by the debtors satisfies the cross-reference to § 523(a)(2), (4) or…
2Cases cited17 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
- Urbatek Systems, Inc. v. Lochrie (In Re Lochrie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Haga v. National Union Fire Insurance (In Re Haga)United States Bankruptcy Court, W.D. Texas · 1991
- Matter of ZablockiUnited States Bankruptcy Court, D. Connecticut · 1984
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Baker v. Reed (In Re Reed)United States Bankruptcy Court, N.D. Ohio · 2004
- In Re JenkinsUnited States Bankruptcy Court, E.D. Tennessee · 2005
- First National Insurance Co. of America v. Bartomeli (In Re Bartomeli)District Court, D. Connecticut · 2004
- Chi. Title Ins. Co. v. Mazik (In re Mazik)United States Bankruptcy Court, E.D. Pennsylvania · 2018
- Daniels v. Howe Law Firm, P.C. (In re Daniels)United States Bankruptcy Court, N.D. Georgia · 2018
11 more not listed; retrieve them via the Exa API.