Legal Opinion

Gallo v. Palmiter (In re Palmiter)

United States Bankruptcy Court, M.D. Pennsylvania

Decided September 26, 2018No. Case No.: 5-18-bk-00245 RNO; Adversary No.: 5-18-ap-00044 RNOPublishedCited by 1 opinion

1Opinion of the Court

Robert N. Opel, II, Chief Bankruptcy Judge (bi)

This is a non-dischargeability Adversary Proceeding. One of the Plaintiffs purchased a number of weapons and collectibles from the Debtor/Defendant. The Complaint alleges that the provenance of the purchased items was misrepresented by the Debtor/Defendant. Count II of the Complaint alleges non-dischargeability under the fiduciary exception and Count III alleges non-dischargeability due to willful and malicious injury. On the Debtor's Motion, I will dismiss Count II, with prejudice. Count III will be dismissed, with leave to amend. Further, I…

2Cases cited36 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  4. Alston v. ParkerCourt of Appeals for the Third Circuit · 2004
  5. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995

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3Cited by1 opinion

  1. Lillie M. Coley v. National Title Agency, et al.United States Bankruptcy Court, D. New Jersey · 2026

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