Legal Opinion

In Re Magundayao

United States Bankruptcy Court, S.D. New York

Decided August 16, 2004No. 19-10425PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM DECISION DENYING MOTION TO VACATE ORDER GRANTING DISCHARGE

STUART M. BERNSTEIN, Chief Judge.

Charles M. Weiss, Inc. (“Weiss”), the debtor’s former landlord, moved to vacate the debtor’s discharge pursuant to Fed. R. Crv. P. 60(b), arguing that the debtor lied in her schedules. Weiss also sought an extension of his time under Fed. R. BaNKR. P. 4004 and 4007 to file a complaint objecting to the debtor’s discharge or to determine the dischargeability of his claim, or both. For the reasons that follow, the motion is denied without prejudice to Weiss’s right to sue to revoke the debtor’s…

2Cases cited17 opinions

  1. In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992
  2. Cutright v. United StatesSupreme Court of the United States · 1992
  3. In Re William FESQ, Debtor. BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant, v. William FESQCourt of Appeals for the Third Circuit · 1998
  4. Ford v. Ford (In Re Ford)United States Bankruptcy Court, D. Oregon · 1993
  5. In Re JonesUnited States Bankruptcy Court, E.D. Tennessee · 1990

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3Cited by3 opinions

  1. Morse v. Perrotta (In Re Perrotta)United States Bankruptcy Court, D. New Hampshire · 2009
  2. Marlin v. United States TrusteeDistrict Court, W.D. New York · 2005
  3. In re NewtonUnited States Bankruptcy Court, District of Columbia · 2013

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