Legal Opinion

Cepelak v. Sears (In Re Sears)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 28, 2000No. BAP 99-6073, 99-6074PublishedCited by 87 opinions

1Opinion of the Court

KISHEL, Bankruptcy Judge.

The Debtors, Daphne and Donald Sears, appeal the judgment of the bankruptcy court 2 that denied them a discharge under Chapter 7, for knowingly and fraudulently making a false oath in connection with their case. Creditors Jerry F., Shirley, and Mark Cepelak and Jerry Cepelak, Jr. cross-appeal from a companion judgment that determined that the Debtors’ debt to them was not the result of a willful and malicious injury to the Cepelaks or their property, and hence was not excepted from discharge in bankruptcy. For the reasons set forth below, we affirm the judgment of…

2Cases cited33 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  4. In the Matter of Michael VAN HORNE. Margaret CASPERS, Appellee, v. Michael VAN HORNE, AppellantCourt of Appeals for the Eighth Circuit · 1987
  5. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985

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3Cited by87 opinions

  1. Korte v. United States Internal Revenue Service (In Re Korte)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  2. Moreo v. Rossi (In Re Moreo)District Court, E.D. New York · 2010
  3. Adler v. Ng (In Re Adler)District Court, E.D. New York · 2008
  4. Kaler v. Charles (In re Charles)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
  5. Jordan v. Bren (In Re Bren)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004

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