Legal Opinion

Charlie Y., Inc. v. Carey (In Re Carey)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 4, 2011No. BAP No. EC-10-1309-DHKi. Bankruptcy No. 09-31861. Adversary No. 09-02531PublishedCited by 24 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

Following trial of an adversary proceeding (“Adversary Proceeding”), the bankruptcy court excepted from discharge Charlie Y., Inc.’s (“Appellant”) claim against Robert J. Carey (“Debtor”) for breach of a guarantee obligation in circumstances in which Appellant alleged that the Debtor had made written misrepresentations regarding his financial condition. After a judgment was entered in Appellant’s favor for $35,000, Appellant moved for an award of attorney’s fees in the amount of $43,155.25. Debtor opposed the motion. After a hearing, the bankruptcy court denied…

2Cases cited24 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  5. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975

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3Cited by24 opinions

  1. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. Nordeen v. Bank of America, N.A. (In Re Nordeen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. In re: Steven John Wharton and Josephina Jessie WhartonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  5. Luchini v. JPMorgan Chase Bank, N.A. (In re Luchini)United States Bankruptcy Court, E.D. California · 2014

19 more not listed; retrieve them via the Exa API.

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