Legal Opinion

In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-Appellant

Court of Appeals for the Fourth Circuit

Decided February 3, 1997No. 95-2509PublishedCited by 147 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge ERVIN and Judge WILKINS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this ease a creditor asserts that an order dismissing “with prejudice” a bankrupt debtor’s Chapter 7 petition precluded the debtor from subsequently seeking to discharge debts existing at the time of that order. Although a bankruptcy court certainly has the power to bar a debtor from further litigating the dischargeability of pending debts, the order at issue here is ambiguous. For this reason, we defer to the bankruptcy court’s…

2Cases cited46 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  5. Katchen v. LandySupreme Court of the United States · 1966

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3Cited by147 opinions

  1. Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
  2. Diana Houck v. Substitute Trustee ServicesCourt of Appeals for the Fourth Circuit · 2015
  3. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
  4. In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
  5. In Re: Robert E. Casse, Debtor Robert E. Casse, Debtor-Appellant v. Key Bank National Association, Creditor-AppelleeCourt of Appeals for the Second Circuit · 1999

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