Legal Opinion
Citibank, N.A. v. Emery (In Re Emery)
District Court, E.D. New York
Decided September 26, 1996No. 1:94-cv-05915PublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER
SEYBERT, District Judge:
This is an appeal of a final order of the United States Bankruptcy Court for the Eastern District of New York (Holland, B.J.) which dismissed plaintiff/appellant Citibank N.A.’s [“Citibank’s”] second amended complaint for failure to state a claim pursuant to Ped.R.Civ.P. 12(b)(6). In its second amended complaint, Citibank alleged that defendant/appellee Claude Emery [“Emery”] committed fraud in procuring his discharge in bankruptcy, and that therefore the revocation of his discharge is warranted under 11 U.S.C. § 727(d)(1). For the reasons that follow,…
2Cases cited18 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Grogan v. GarnerSupreme Court of the United States · 1991
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
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3Cited by9 opinions
- Tenn-Fla Partners v. First Union National Bank of FloridaDistrict Court, W.D. Tennessee · 1999
- Humphreys v. Stedham (In Re Stedham)United States Bankruptcy Court, W.D. Tennessee · 2005
- Richardson v. McCullough (In Re McCullough)United States Bankruptcy Court, D. Rhode Island · 2001
- Rezin v. Barr (In Re Barr)United States Bankruptcy Court, N.D. Illinois · 1997
- Brothers v. Maddox (In re Maddox)United States Bankruptcy Court, E.D. Tennessee · 2017
4 more not listed; retrieve them via the Exa API.