Legal Opinion

In re: Wallace Eugene Francis, Tracy Danielle Francis

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 11, 2014No. BAP NC-13-1300-DJuKi; Bankruptcy 12-11910; Adversary 13-01040PublishedCited by 102 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

Wallace Eugene Francis (“Francis”), a chapter 71 debtor,2 appeals the bankruptcy court’s summary judgment determination that his obligation to “pay and hold Wife harmless” from certain credit card obligations, as provided in the stipulated marital dissolution judgment with his former spouse, appellee Debra Lyn Wallace (“Wallace”), was excepted from his discharge under § 523(a)(15). We AFFIRM.

I. FACTUAL BACKGROUND

The relevant facts in this appeal are straightforward and are not in dispute.

Francis filed a petition for relief under chapter 7 on July 12, 2012.…

2Cases cited36 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  3. Shanks v. DresselCourt of Appeals for the Ninth Circuit · 2008
  4. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1988
  5. E. L. White, Inc. v. City of Huntington BeachCalifornia Supreme Court · 1978

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3Cited by102 opinions

  1. Keller v. New Penn Financial, LLC (In Re Keller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. Hanson v. Brown (In re Brown)United States Bankruptcy Court, M.D. Florida · 2015
  3. Dennis Berkovich v. California Franchise Tax BoardCourt of Appeals for the Ninth Circuit · 2021
  4. U.S. Dep't of Educ. v. Carrion (In Re Carrion)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  5. Reynolds v. Reynolds (In re Reynolds)United States Bankruptcy Court, M.D. Florida · 2016

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