Legal Opinion

Alside Supply Center Salt Lake City, Division of Alside Supply, Inc. v. Aste (In Re Aste)

United States Bankruptcy Court, D. Utah

Decided June 11, 1991No. 19-20526PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

JUDITH A. BOULDEN, Bankruptcy Judge.

The trial of this nondischargeability action commenced November 30, 1990, and was continued for calendaring reasons to March 6, 1991. In the interim, the United States Supreme Court’s ruling in Grogan v. Garner, — U.S. -, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991), indicated that the standard of persuasion in actions to determine the dischargeability of a debt is one of preponderance of the evidence. 1 This court must now attempt to reconcile the application of the preponderance of the evidence standard with the obligation to…

2Cases cited34 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Addington v. TexasSupreme Court of the United States · 1979
  4. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  5. Gleason v. ThawSupreme Court of the United States · 1915

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3Cited by6 opinions

  1. Eugene Dalton v. Internal Revenue ServiceCourt of Appeals for the Tenth Circuit · 1996
  2. Community Bank of Homewood-Flossmoor v. Bailey (In Re Bailey)United States Bankruptcy Court, N.D. Illinois · 1992
  3. At & T Universal Card Services Corp. v. Cheuk Hon Wong (In Re Cheuk Hon Wong)United States Bankruptcy Court, E.D. Pennsylvania · 1997
  4. Merchants Bank of California v. Chai Cho Oh (In Re Chai Cho Oh)United States Bankruptcy Court, C.D. California · 2002
  5. Ohio Casualty Insurance v. Smith (In re Smith)United States Bankruptcy Court, N.D. Oklahoma · 1993

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