Legal Opinion

Bryant v. Tilley (In Re Tilley)

United States Bankruptcy Court, D. Colorado

Decided November 25, 2002No. 16-19073PublishedCited by 42 opinions

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

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962

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

3Cited by42 opinions

  1. Bombardier Capital, Inc. v. Tinkler (In Re Tinkler)United States Bankruptcy Court, D. Colorado · 2004
  2. Cody Farms, Inc. v. Deerman (In re Deerman)United States Bankruptcy Court, D. New Mexico · 2012
  3. Bank Calumet v. Whiters (In Re Whiters)United States Bankruptcy Court, N.D. Indiana · 2006
  4. Tso v. Nevarez (In Re Nevarez)United States Bankruptcy Court, D. New Mexico · 2009
  5. Marks v. Hentges (In Re Hentges)United States Bankruptcy Court, N.D. Oklahoma · 2007

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

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