Legal Opinion
Chilcoat v. Minor (In Re Minor)
District Court, D. Colorado
Decided June 7, 1990No. 89-K-1516, Bankruptcy No. 88 B 6963 C, Adv. No. 88 J 864PublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, Senior District Judge.
The issue in this appeal is whether a debtor’s waiver of dischargeability of a debt, made in settlement of a creditor’s adversary action in state court, is enforceable in bankruptcy court. The debtor, Bruce Kenneth Minor, argues that the bankruptcy court erred in finding that his waiver was effective under § 727(a)(10) of the Bankruptcy Code. He contends that a waiver of the dischargeability of a single debt must comply with requirements of § 524(c), not § 727(a)(10), and that his waiver was ineffective. I agree, and remand.
I. Facts.
On…
2Cases cited18 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- Klingman v. Levinson (In Re Levinson)United States Bankruptcy Court, N.D. Illinois · 1986
- Doug Howle's Paces Ferry Dodge, Inc. v. Ethridge (In Re Ethridge)United States Bankruptcy Court, M.D. Georgia · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Saler v. Saler (In Re Saler)United States Bankruptcy Court, E.D. Pennsylvania · 1997
- Lichtenstein v. BarbanelCourt of Appeals for the Sixth Circuit · 2005
- At & T Universal Card Services Corp. v. Grayson (In Re Grayson)United States Bankruptcy Court, W.D. Missouri · 1996
- In Re FloresUnited States Bankruptcy Court, S.D. New York · 2003
19 more not listed; retrieve them via the Exa API.