Legal Opinion
Flint v. West Virginia State Tax Department (In re Flint)
United States Bankruptcy Court, N.D. West Virginia
Decided September 12, 2016No. Case No. 15-bk-0051; Adversary No. 16-ap-0015PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
Patrick M. Flatley, United States Bankruptcy Judge
Walter Flint (the “Debtor”) filed this adversary proceeding against the West Virginia State Tax Department (“WV Tax”) alleging violations of the Bankruptcy Code’s discharge injunction set forth in 11 U.S.C. § 524(a)(2) and seeking damages stemming from that alleged violation.
The Defendant seeks summary judgment in its favor because it asserts that the Plaintiff failed to satisfy his burden by clear and convincing evidence that the Defendant’s actions amount to a violation of the discharge injunction. It also alleges that the…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Shaw v. StroudCourt of Appeals for the Fourth Circuit · 1994
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Eddie Williams v. J.H. Griffin, Superintendent J.C. Harris, Jr., Area Administrator Aaron J. Johnson, Secretary of CorrectionsCourt of Appeals for the Fourth Circuit · 1991
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3Cited by6 opinions
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- Hartley v. 21st Mortgage CorporationDistrict Court, S.D. West Virginia · 2017
- Hughes v. MTGLQ Investors, LP c/o CT Corporation System et aUnited States Bankruptcy Court, M.D. North Carolina · 2024
- In re: Rose ThomasUnited States Bankruptcy Court, N.D. Illinois · 2026
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