Legal Opinion

Smith v. Lachter (In Re Smith)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 9, 1999No. BAP No. AZ-98-1883-ABK. Bankruptcy No. 95-06077-PHX-RTB. Adversary No. 96-752PublishedCited by 16 opinions

1Opinion of the Court

OPINION

FRANK R. ALLEY, III, Bankruptcy Judge.

Plaintiffs Sidney and Sandra Lachter filed a complaint objecting to the discharge of their claim pursuant to Code § 523(a)(2) 2 . The claim had previously been reduced to judgment in a proceeding in the Arizona Superior Court. The Bankruptcy Court entered judgment declaring the debt to be excepted from discharge, and imposed a money judgment for the amount owed. Because we find the Court’s authority to be limited to determining the dischargeability of the debt, we VACATE the money judgment, but AFFIRM the determination of nondischarge-ability.

I.…

2Cases cited25 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  4. Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993
  5. In Re Park-Helena Corp., Debtor. Neben & Starrett, Inc. v. Chartwell Financial CorporationCourt of Appeals for the Ninth Circuit · 1995

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3Cited by16 opinions

  1. In re SassonCourt of Appeals for the Ninth Circuit · 2005
  2. New Falls Corp. v. Boyajian (In Re Boyajian)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. Tsurukawa v. Nikon Precision, Inc. (In Re Tsurukawa)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Captain Blythers, Inc. v. Thompson (In Re Captain Blythers, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. Stephens v. Bigelow (In Re Bigelow)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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

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