Legal Opinion

Tidewater Finance Co. v. Williams (In Re Williams)

United States Bankruptcy Court, D. Maryland

Decided June 28, 2005No. 19-12737PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT FOR DEFENDANT

E. STEPHEN DERBY, Bankruptcy Judge.

The Motion for Summary Judgment by Plaintiff Tidewater Finance Company (“Tidewater”) and the response by Defendant Deborah Williams (the “Debtor”) require the court to determine whether the mandatory six year period between discharges in 11 U.S.C. § 727(a)(8) should be equitably tolled during the pendency of Chapter 13 cases filed by Debtor after she received a Chapter 7 discharge. For the reasons set forth below, the court concludes there was no…

2Cases cited27 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  4. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  5. Burnett v. New York Central RailroadSupreme Court of the United States · 1965

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3Cited by8 opinions

  1. Branigan v. BatemanCourt of Appeals for the Fourth Circuit · 2008
  2. Tidewater Finance Co. v. WilliamsCourt of Appeals for the Fourth Circuit · 2007
  3. Tidewater Finance Co. v. WilliamsDistrict Court, D. Maryland · 2006
  4. DeNoce v. Neff (In Re Neff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. In re SpinksUnited States Bankruptcy Court, S.D. Georgia · 2018

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