Legal Opinion

Fernandez-Lopez v. Fernandez-Lopez (In Re Fernandez-Lopez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 27, 1984No. Bankruptcy No. 180-01263, Adv. No. 182-1086, BAP No. EC-82-1428-AsEVPublishedCited by 12 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

Debtor appeals from the denial by the bankruptcy court of an injunction against a creditor who, after bankruptcy, sued and took a judgment in state court on a discharged pre-bankruptcy debt. The general issue in this appeal is whether appellant’s assertion of a bankruptcy discharge as a defense in a state court action seeking recovery on a pre-bankruptcy debt and his subsequent filing of a notice of appeal to the California Court of Appeals bar him from seeking later injunctive relief in the bankruptcy court. The court below dismissed appellant’s complaint for…

2Cases cited13 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Kalb v. FeuersteinSupreme Court of the United States · 1940
  3. Capital Films Corporation v. Charles Fries Productions, Inc. And American Broadcasting CompanyCourt of Appeals for the Fifth Circuit · 1980
  4. Khalid Choudhry v. Leo D. JenkinsCourt of Appeals for the Seventh Circuit · 1977
  5. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Young Electric Sign Company, a CorporationCourt of Appeals for the Tenth Circuit · 1963

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3Cited by12 opinions

  1. Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. Republic Bank of California, N.A. v. Getzoff (In Re Getzoff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Watson v. Shandell (In Re Watson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  4. In Re KampsUnited States Bankruptcy Court, C.D. California · 1998
  5. Rogers v. NationsCredit Financial Services Corp.District Court, N.D. California · 1999

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

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