Legal Opinion
In the Matter of Denis Edward Bowyer, Debtor. Ncnb Texas National Bank, Formerly First Republicbank Austin v. Denis Edward Bowyer
Court of Appeals for the First Circuit
Decided November 14, 1990No. 89-7029PublishedCited by 35 opinions
1Opinion of the Court
BARKSDALE, Circuit Judge:
Appellant NCNB objected to Dr. Bow-yer’s discharge in his Chapter 7 bankruptcy proceeding; but, the bankruptcy court allowed it, and the district court affirmed. Because Bowyer’s use of non-exempt funds on the eve of bankruptcy, including conversion to exempt assets (such as satisfaction of his homestead mortgage), constituted intent to hinder or delay a creditor, we REVERSE.
I
Bowyer, an anesthesiologist, was a member of Capitol Anesthesiology Association (CAA), a professional corporation. In 1985 and in 1986, his yearly income was $230,-000. He testified that expenses…
2Cases cited14 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Perrin v. United StatesSupreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re Patricia G. CAREY, Debtor. MARINE MIDLAND BUSINESS LOANS, INC., Appellant, v. Patricia G. CAREY, AppelleeCourt of Appeals for the Tenth Circuit · 1991
- Freelife International, LLC v. Butler (In Re Butler)United States Bankruptcy Court, D. Utah · 2006
- FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
- Federal Deposit Insurance Corp. v. Sullivan (In Re Sullivan)United States Bankruptcy Court, N.D. Texas · 1997
- Murphey v. Crater (In Re Crater)United States Bankruptcy Court, D. Arizona · 2002
30 more not listed; retrieve them via the Exa API.