Legal Opinion

Bank of Chester County v. Cohen (In Re Cohen)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 23, 1992No. 19-11040PublishedCited by 21 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant proceeding exemplifies the difficulties inherent in a creditor’s reliance, as its sole basis for challenging a debtor’s bankruptcy discharge, upon 11 U.S.C. § 727(a)(2)(A), which requires an “intent to hinder, delay, or defraud a creditor,” as opposed to 11 U.S.C. §§ 727(a)(3) and (a)(5), which do not necessitate any showings of the debtor’s motivations for actions. Unfortunately for THE BANK OF CHESTER COUNTY (“the Plaintiff”), by initially pleading a dischargeability count under 11 U.S.C. § 523(a)(2)(A), as recounted in In…

2Cases cited21 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
  3. In the Matter of Avner Kauffman, Bankrupt. Morris T. Friedell v. Avner KauffmanCourt of Appeals for the Seventh Circuit · 1981
  4. Malloy v. Goldstein (In Re Goldstein)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  5. Randolph v. Somerville (In Re Somerville)United States Bankruptcy Court, E.D. Pennsylvania · 1987

16 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Estate of Harris v. Dawley (In Re Dawley)United States Bankruptcy Court, E.D. Pennsylvania · 2004
  2. Spencer v. Blanchard (In Re Blanchard)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  3. Pyramid Technology Corp. v. Cook (In Re Cook)United States Bankruptcy Court, E.D. Pennsylvania · 1992
  4. Doubet, LLC v. Palermo (In Re Palermo)United States Bankruptcy Court, S.D. New York · 2007
  5. Husky International Electronics, Inc. v. Ritz (In re Ritz)United States Bankruptcy Court, S.D. Texas · 2017

16 more not listed; retrieve them via the Exa API.

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