Legal Opinion
In Re Soika
District Court, W.D. New York
Decided October 25, 1973No. BK 71-2145PublishedCited by 11 opinions
1Opinion of the Court
CURTIN, District Judge.
This case is before the court on creditor Household Finance Corporation’s petition to review an order of the Referee in Bankruptcy (Hon. Beryl E. McGuire) allowing only in part a claim that a prebankruptcy debt is nondischargeable. (Creditor Postal Finance Co. has not petitioned for review.) The question presented on review is whether the Congress, by the 1960 amendments to § 17(a)(2) of the Bankruptcy Act [11 U. S.C. § 35(a)(2)] intended to fashion a new rule on damages or whether the ordinary state rule of damages applies.
Household Finance Corp. asserts that the…
2Cases cited4 opinions
- Gleason v. ThawSupreme Court of the United States · 1915
- Lines v. FrederickSupreme Court of the United States · 1970
- Hanlon v. MacFadden Publications, Inc.New York Court of Appeals · 1951
- In the Matter of Ben Melnick, BankruptCourt of Appeals for the Second Circuit · 1966
3Cited by11 opinions
- National Bank of North America v. Newmark (In Re Newmark)United States Bankruptcy Court, E.D. New York · 1982
- Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
- Manning v. Iannelli (In Re Iannelli)United States Bankruptcy Court, S.D. New York · 1981
- Staten Island Savings Bank v. Scarpinito (In Re Scarpinito)United States Bankruptcy Court, E.D. New York · 1996
- First American National Bank v. Carter (In Re Carter)United States Bankruptcy Court, M.D. Tennessee · 1981
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