Legal Opinion
Colorado East Bank & Trust v. McCarthy (In Re McCarthy)
United States Bankruptcy Court, D. Colorado
Decided November 30, 2009No. 17-16336PublishedCited by 19 opinions
1Opinion of the Court
ORDER
ELIZABETH E. BROWN, Bankruptcy Judge.
THIS MATTER comes before the Court on Plaintiffs Complaint, alleging certain loan obligations owed by Debtor to Plaintiff should be nondischargeable under 11 U.S.C. § 523(a)(2)(B). Plaintiff alleges Debtor incurred the obligations through use of a false financial statement. Debtor alleges a counterclaim for willful breach of the automatic stay. Following trial on the matter, the Court finds and concludes that Debtor’s obligation to Plaintiff is nondis-chargeable and that Plaintiff willfully violated the automatic stay.
I. Background
Debtor is a 63-year…
2Cases cited33 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- In Re Gerald T. BLACK and Denise B. Black, Debtors. Garth L. DRIGGS, Plaintiff-Appellant, v. Gerald T. BLACK, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
28 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gross v. Osborne (In re Osborne)United States Bankruptcy Court, D. New Mexico · 2014
- Hurston v. Anzo (In re Anzo)United States Bankruptcy Court, N.D. Georgia · 2016
- Sciortino v. Gwinnett County Department of Water Resources (In re Sciortino)United States Bankruptcy Court, N.D. Georgia · 2016
- Sciortino v. Gwinnett County Department of Water Resources (In re Sciortino)United States Bankruptcy Court, N.D. Georgia · 2016
- Banner Bank v. Robertson (In re Robertson)United States Bankruptcy Court, D. Utah · 2017
14 more not listed; retrieve them via the Exa API.