Bryant v. Tilley (In Re Tilley)
United States Bankruptcy Court, D. Colorado
1Opinion of the Court
ORDER DENYING OBJECTION TO DISCHARGEABILITY
ELIZABETH E. BROWN, Bankruptcy Judge.
Plaintiff is seeking a determination that the debt owed to her is nondischargeable under 11 U.S.C. § 523. Defendant has requested summary judgment against Plaintiff, claiming that Plaintiff has no evidence to establish an essential element of her claims under Section 523, 1 namely the requisite mental state or scienter. This Court must decide when it is proper to grant summary judgment on the basis of sufficiency of the evidence as to a defendant’s state of mind. For the reasons set forth below, the Court finds…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
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- Marks v. Hentges (In Re Hentges)United States Bankruptcy Court, N.D. Oklahoma · 2007
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