Legal Opinion

In re Augé

United States Bankruptcy Court, D. New Mexico

Decided September 30, 2016No. 14-10443 t11PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

Hon. David T. Thuma, United States Bankruptcy Judge

The chapter 7 trustee seeks approval of a settlement he reached with the estate’s primary creditor. The proposed settlement allows the creditor’s claim at $2,050,000 and contains broad mutual releases, includ-ing a release of all claims against the debtor personally. This latter term is im-portant because an undetermined portion of the claim is nondischargeable. The debt- or objected, arguing that he owes the cred-itor substantially less than $2,050,000. The Court has reviewed the settlement terms and the legal issues…

2Cases cited22 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Cohen v. De La CruzSupreme Court of the United States · 1998
  3. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  4. In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
  5. SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009

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3Cited by4 opinions

  1. Summitbridge Nat'l Invs. III, LLC v. FaisonCourt of Appeals for the Fourth Circuit · 2019
  2. Gazzola v. Brandt (In re Brandt)United States Bankruptcy Court, D. Massachusetts · 2017
  3. In re FaisonUnited States Bankruptcy Court, E.D. North Carolina · 2017
  4. Montoya v. FergusonUnited States Bankruptcy Court, D. New Mexico · 2022

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