Legal Opinion

Yules v. Gillis (In Re Gillis)

Bankruptcy Appellate Panel of the First Circuit

Decided March 26, 2009No. BAP No. MB 08-067. Bankruptcy Case No. 05-23528-FJB. Adversary No. 06-01007-FJBPublishedCited by 16 opinions

1Opinion of the Court

VOTOLATO, Bankruptcy Judge.

The debtor, Susan Gillis, appeals an order of the bankruptcy court (“Order”): (1) revoking her discharge pursuant to §§ 727(d)(1) and (2); and (2) excepting the claim of Branch R. Yules from discharge pursuant to § 523(a)(6). 1 For the reasons discussed below, the Panel concludes that Bankruptcy Judge Joel B. Rosenthal, the successor judge, did not abuse his discre tion in proceeding to a decision on the record before him, nor did he commit error in revoking Gillis’ discharge pursuant to §§ 727(d)(1) and (2). Therefore, the Order revoking discharge is AFFIRMED. 2

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2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  5. In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994

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3Cited by16 opinions

  1. Tow v. Henley (In re Henley)United States Bankruptcy Court, S.D. Texas · 2012
  2. Cadle Co. ex rel. D.A.N. Joint Venture, L.P. v. Andersen (Andersen)Bankruptcy Appellate Panel of the First Circuit · 2012
  3. Mosher v. Evergreen Management, Inc. (In Re Mosher)United States Bankruptcy Court, D. New Hampshire · 2010
  4. McDermott v. Davis (In re Davis)United States Bankruptcy Court, S.D. Ohio · 2015
  5. Harrington v. Mazzone (In re Mazzone)United States Bankruptcy Court, D. Massachusetts · 2014

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