Legal Opinion
In Re Emelity
United States Bankruptcy Court, S.D. California
Decided July 5, 2000No. 14-00903PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM DECISION
JOHN J. HARGROVE, Bankruptcy Judge.
David C. Emelity (“Debtor”) moved to avoid and expunge the lien of Michelle Emelity (“Michelle”), his former spouse, on the ground that it violated the discharge injunction under 11 U.S.C. § 524. 1 Michelle’s hen arose from a postpetition judgment awarded in her favor in connection with the division of community property. At issue is whether the debt associated with Michelle’s hen is a prepetition debt and therefore dischargeable.
This Court has jurisdiction to determine this matter pursuant to 28 U.S.C. §§ 1334 and 157(b)(1) and General…
2Cases cited16 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Farrey v. SanderfootSupreme Court of the United States · 1991
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- In Re Robert Burns Jensen Rosemary Tooker Jensen, Debtors. California Department of Health Services v. Robert Burns Jensen Rosemary Tooker JensenCourt of Appeals for the Ninth Circuit · 1993
- Douglas K. McSherry v. Trans World Airlines, Inc.Court of Appeals for the Eighth Circuit · 1996
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pearl-Phil GMT (Far East) Ltd. v. Caldor Corp.District Court, S.D. New York · 2001
- Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- In Re ClevelandUnited States Bankruptcy Court, E.D. Tennessee · 2006
- Ford v. Skorich (In Re Skorich)Court of Appeals for the First Circuit · 2007
- Nelson v. Miller (In Re Miller)United States Bankruptcy Court, N.D. Indiana · 2001
10 more not listed; retrieve them via the Exa API.