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Legal Opinion

Drummond v. Freeland (In Re Freeland)

United States Bankruptcy Court, D. Maryland

Decided December 21, 2006No. 19-12618PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION DETERMINING DEBT TO BE NONDIS-CHARGEABLE AND ASSESSING PUNITIVE DAMAGES

JAMES F. SCHNEIDER, Bankruptcy Judge.

This opinion stands for the following propositions: (1) that certain debts that arose as a result of undue influence are nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), where the plaintiff proves by a preponderance of evidence that undue influence was exerted fraudulently; and (2) that in an adversary proceeding brought in the bankruptcy court to determine a debt to be nondischargeable, where no prior judgment has been awarded in a nonbankruptcy forum, the…

2Cases cited46 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Brown v. FelsenSupreme Court of the United States · 1979
  3. Cohen v. De La CruzSupreme Court of the United States · 1998
  4. Marshall v. MarshallSupreme Court of the United States · 2006
  5. Gleason v. ThawSupreme Court of the United States · 1915

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3Cited by7 opinions

  1. Freedom Medical, Inc. v. Janssens (In Re Janssens)United States Bankruptcy Court, D. Maryland · 2010
  2. Rosen v. Kore Holdings, Inc. (In Re Rood)United States Bankruptcy Court, D. Maryland · 2011
  3. Le Van-Voegler v. Myrtle (In re Myrtle)United States Bankruptcy Court, W.D. Virginia · 2013
  4. Gradco Corp v. Blankenship (In Re Blankenship)United States Bankruptcy Court, N.D. Alabama · 2009
  5. Second Avenue Holdings, LLC v. Latimer (In re Latimer)United States Bankruptcy Court, N.D. Alabama · 2013

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