Legal Opinion

Hough v. Margulies (In re Margulies)

United States Bankruptcy Court, S.D. New York

Decided August 13, 2012No. Bankruptcy No. 10-14012 (SMB); Adversary No. 10-04050PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION DENYING USAA MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, FOR PERMISSIVE ABSTENTION TO STAY THIS ADVERSARY PROCEEDING AND TO DISMISS FOR FAILURE TO STATE A CLAIM

STUART M. BERNSTEIN, Bankruptcy Judge.

The plaintiff Dennis Hough was injured when he was struck by a car driven by the debtor, Joshua Simon Margulies. He recovered a judgment against Margulies which Margulies’ liability insurer, defendant USAA Casualty Insurance Company (“USAA”), refuses to pay. Hough has brought this adversary proceeding to declare the judgment non-dischargeable under 11 U.S.C. §…

2Cases cited43 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
  5. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by9 opinions

  1. Bayerische Landesbank v. Deutsche Bank AG (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
  2. Residential Funding Co. v. UBS Real Estate Securities, Inc. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2014
  3. Margulies v. Hough (In re Margulies)District Court, S.D. New York · 2017
  4. Waleski v. Montgomery, Mccracken, Walker & Rhoads, LLP (In re Tronox)United States Bankruptcy Court, S.D. New York · 2019
  5. Margulies v. HoughDistrict Court, S.D. New York · 2014

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