Legal Opinion
Phillips v. Long (In re Long)
United States Bankruptcy Court, D. Utah
Decided August 5, 2016No. Bankruptcy Number 11-33127; Adversary Proceeding No. 13-02047Published
1Opinion of the Court
MEMORANDUM DECISION
WILLIAM T. THURMAN, United States Bankruptcy Judge
The matter before the Court is the Defendant’s motion to dismiss this adversary *33proceeding for lack of subject matter jurisdiction. The Defendant, Robert Long, filed a chapter 7 bankruptcy petition on September 8, 2011. His discharge was entered on December 14, 2011. This adversary proceeding was filed by the Plaintiff, Jeffrey Phillips, on February 11, 2013.
The complaint brought eight counts against the Defendant. Three of the counts were nondischargeability claims under 11 U.S.C. § 523(a).1 Three other counts were brought…
2Cases cited10 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Kontrick v. RyanSupreme Court of the United States · 2004
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Scott v. Metropolitan Health Corp.Court of Appeals for the Sixth Circuit · 2007
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