Legal Opinion

Cunningham v. Cunningham (In re Cunningham)

United States Bankruptcy Court, N.D. Alabama

Decided November 14, 2012No. Bankruptcy No. 11-83639-TBB13; Adversary No. 11-80154-TBBPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS B. BENNETT, Bankruptcy Judge.

This adversary proceeding came before this Court for trial on September 10, 2012. The issue before the Court is whether a state court judgment against Debtor Lynda Cunningham is nondischargeable under the provisions of 11 U.S.C. § 523(a).

FINDINGS OF FACT AND PROCEDURAL HISTORY

In order to assist him in the management of his affairs, Plaintiff James Cunningham, Jr. enlisted the assistance of his son, Glynn Cunningham, whom he trusted. As part of the sought assistance, James had over $140,000 of his monies placed into two (2) certificates of…

2Cases cited19 opinions

  1. In Re: Leroy Charles Griffith, Debtor. Leroy Charles Griffith v. United StatesCourt of Appeals for the Eleventh Circuit · 2000
  2. Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
  3. Ormsby v. First American Title Co.Court of Appeals for the Ninth Circuit · 2010
  4. Bankr. L. Rep. P 74,032 in the Matter of Dawn Rose, Debtor-Appellant. Elliott Kaye v. Dawn RoseCourt of Appeals for the Seventh Circuit · 1991
  5. Schaffer v. Dempster (In Re Dempster)United States Bankruptcy Court, N.D. Illinois · 1995

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3Cited by11 opinions

  1. Kern v. Taylor (In re Taylor)United States Bankruptcy Court, M.D. Alabama · 2016
  2. Kane v. Stewart Tilghman Fox & Bianchi, P.A.District Court, S.D. Florida · 2013
  3. Westlake Flooring Co. v. Staggs (In re Staggs)United States Bankruptcy Court, N.D. Alabama · 2017
  4. Aamodt v. Narcisi (In re Narcisi)District Court, M.D. Florida · 2016
  5. Angie Wynn StricklandUnited States Bankruptcy Court, N.D. Alabama · 2021

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