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Legal Opinion

John Deere Industrial Equipment Co. v. Nason (In Re Nason)

United States Bankruptcy Court, D. Maine

Decided August 24, 1982No. 19-10073PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

The debtor filed his Chapter 7 petition on November 13, 1981, and received his discharge on May 11, 1982. On July 1, 1982, the plaintiff filed a “Complaint for Relief from Injunction” seeking permission to proceed in state court on its alleged security interest in certain equipment. Because the Court finds that the discharge injunction of 11 U.S.C. § 524(a) does not prohibit the plaintiff from proceeding in state court against the property, the complaint shall be dismissed.

Title 11 U.S.C. § 524(a) provides in part:

A discharge in a case…

2Cases cited5 opinions

  1. Long v. BullardSupreme Court of the United States · 1886
  2. In Re AdkinsUnited States Bankruptcy Court, S.D. California · 1980
  3. Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
  4. In Re FarmerUnited States Bankruptcy Court, M.D. Florida · 1981
  5. General Motors Acceptance Corp. v. Sawyer (In Re Sawyer)United States Bankruptcy Court, D. Idaho · 1982

3Cited by14 opinions

  1. Walker v. M & M Dodge, Inc. (In Re Walker)United States Bankruptcy Court, W.D. Louisiana · 1995
  2. Associates Financial Services Corp. v. Cowen (In Re Cowen)United States Bankruptcy Court, S.D. Ohio · 1983
  3. Pierce v. Woodard (In Re Pierce)United States Bankruptcy Court, E.D. North Carolina · 1983
  4. Manufacturer's Hanover Mortgage Corp. v. Fryer (In Re Fryer)United States Bankruptcy Court, S.D. Ohio · 1985
  5. Chandler Bank of Lyons v. Ray (In Re Ray)United States Bankruptcy Court, D. Kansas · 1983

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