Legal Opinion
Western Wire Works, Inc. v. Lawler (In Re Lawler)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 8, 1992No. BAP Nos. OR-91-1208-VAsO, OR-91-1290-VAsO and OR-91-1411-VAsO, Bankruptcy No. 389-34301-P7, Adv. Nos. 89-3384, 89-3351 and 90-3001PublishedCited by 39 opinions
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge.
OVERVIEW
The trustee and two creditors appeal FRCP Rule 41(b) dismissals of their consolidated fraudulent transfer cases. The two creditors also appeal the dismissal of their objections to the discharge of the debtor pursuant to various claims under 11 U.S.C. § 727. The appeal centers on whether the trial court erred by ruling that the plaintiffs had to meet their burden of proving their claims by clear and convincing rather than by a preponderance of the evidence. We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
A. Relationships of Parties
Debtors, William and Cathi…
2Cases cited5 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Grogan v. GarnerSupreme Court of the United States · 1991
- In Re Deborah M. Cox, Debtor. Deborah M. Cox v. Paul Lansdowne, TrusteeCourt of Appeals for the Ninth Circuit · 1990
- Bankr. L. Rep. P 74,230 in Re Marquam Investment Corporation, Debtor. Susan Brewer v. Erwin & Erwin, P.C.Court of Appeals for the Ninth Circuit · 1991
3Cited by39 opinions
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- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- In Re Deborah M. Cox, Debtor. Paul Lansdowne, Trustee v. Deborah M. CoxCourt of Appeals for the Ninth Circuit · 1994
- Bowman v. Belt Valley Bank (In Re Bowman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Garcia v. Coombs (In Re Coombs)United States Bankruptcy Court, S.D. California · 1996
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