Legal Opinion
Mitsubishi Motors Credit of America, Inc. v. Longley (In Re Longley)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided July 9, 1999No. BAP No. NO-98-061. Bankruptcy No. 97-03188. Adversary No. 97-0334PublishedCited by 100 opinions
1Opinion of the Court
OPINION
KRIEGER, Bankruptcy Judge.
At gunpoint, a debtor relinquished his 1994 Mitsubishi 3000 GT to a drug dealer. He filed for Chapter 7 bankruptcy relief several months later. The creditor who held a recorded lien against the vehicle obtained a judgment declaring the debtor’s obligation to be non-dischargeable as a willful and malicious injury pursuant to 11 U.S.C. § 523(a)(6). For the reasons set forth below, we conclude that the Bankruptcy Court’s judgment must be REVERSED.
I. JURISDICTION AND STANDARD OF REVIEW
With the consent of the parties, a Bankruptcy Appellate Panel has jurisdiction…
2Cases cited20 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Grogan v. GarnerSupreme Court of the United States · 1991
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
15 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Panalis v. Moore (In Re Moore)Court of Appeals for the Tenth Circuit · 2004
- Jendusa-Nicolai v. LarsenCourt of Appeals for the Seventh Circuit · 2012
- Thiara v. Spycher Bros. (In Re Thiara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Bombardier Capital, Inc. v. Tinkler (In Re Tinkler)United States Bankruptcy Court, D. Colorado · 2004
- GMAC Inc. v. Coley (In Re Coley)United States Bankruptcy Court, E.D. Pennsylvania · 2010
95 more not listed; retrieve them via the Exa API.