Legal Opinion

In the Matter of Clayton Wray Stone, Jr. And Jeannine Stone, Debtors. Clayton Wray Stone, Jr. And Wife, Jeannine Stone v. Melvin Caplan

Court of Appeals for the Fifth Circuit

Decided January 3, 1994No. 06-11165PublishedCited by 62 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

This is a no-asset bankruptcy case. Clayton and Jeannine Stone filed a voluntary petition for relief in October of 1987; however, they inadvertently omitted several creditors from their section 521(1) 1 schedules. Although the Stones amended the schedules to include those creditors prior to the final discharge of the case, the bankruptcy court ruled that the debt was nondischargeable under section 523(a)(3) of the Bankruptcy Code. The Stones appealed; the district court affirmed; this Court reverses.

I. Facts and Procedural History

In October of 1980, Plaintiffs Solly…

2Cases cited19 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Shapiro v. United StatesSupreme Court of the United States · 1948
  3. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  4. In Re Aida Lucilla Rosinski D/B/A New Caravan Garden Bar, Debtor. Aida Rosinski D/B/A New Caravan Garden Bar v. Willard BoydCourt of Appeals for the Sixth Circuit · 1985
  5. Birkett v. Columbia BankSupreme Court of the United States · 1904

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3Cited by62 opinions

  1. Forsyth v. BarrCourt of Appeals for the Fifth Circuit · 1994
  2. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  3. Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.Court of Appeals for the Fifth Circuit · 1996
  4. Steve Jackson Games, Inc. v. United States Secret ServiceCourt of Appeals for the Fifth Circuit · 1994
  5. Greyhound Lines, Inc. v. Rogers (In Re Eagle Bus Mfg., Inc.)Court of Appeals for the Fifth Circuit · 1995

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

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