Legal Opinion

Owen v. Treadway (In Re Owen)

United States Bankruptcy Court, D. Maine

Decided June 23, 1994No. 19-10023PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Chief Judge.

Plaintiff-Debtor Forrest D. Owen (“Owen”) has filed a two-count complaint in which he attempts in Count I to recover costs, attorney’s fees and punitive damages for an alleged violation of the discharge injunction of 11 U.S.C. § 524, and seeks in Count II to avoid an attachment by trustee process. Before the Court today is Defendants’ motion to dismiss that portion of Count I pertaining to punitive damages, and to dismiss Count II in its entirety, for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6)…

2Cases cited8 opinions

  1. In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
  2. In Re Atlantic Business and Community CorporationCourt of Appeals for the Third Circuit · 1990
  3. Thomas G. Lovett, Jr., Trustee for the Bankruptcy Estate of Transportation Systems International, Inc. v. Honeywell, Inc.Court of Appeals for the Eighth Circuit · 1991
  4. Fed. Sec. L. Rep. P 94,020 Richard Lessler v. Arthur D. LittleCourt of Appeals for the First Circuit · 1988
  5. McKeever v. McClandon (In Re McKeever)United States Bankruptcy Court, N.D. Illinois · 1991

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3Cited by6 opinions

  1. Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
  2. Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
  3. Matter of ArnoldUnited States Bankruptcy Court, N.D. Alabama · 1997
  4. Goldstein v. Marine Midland Bank, N.A. (In Re Goldstein)United States Bankruptcy Court, D. Maine · 1996
  5. Vazquez v. Sears, Roebuck & Co. (In Re Vazquez)United States Bankruptcy Court, N.D. Illinois · 1998

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