Hayhoe v. Cole (In Re Cole)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RYAN, Bankruptcy Judge.
Creditor James S. Hayhoe (“Appellant”) filed a complaint (the “Complaint”) to determine the dischargeability of a debt pursuant to Bankruptcy Code (the “Code”) 2 § 523(a)(2)(A). 3 Appellant relied solely on a state court stipulation (the “Stipulated Judgment”) whereby debtor Richard A. Cole (“Appellee”) stipulated that if he attempted to discharge in bankruptcy the debt that he owed Appellant, the debt would be deemed nondischargeable under § 523(a)(2)(A).
Appellant subsequently filed a motion for summary judgment (the “Motion”), arguing that the Stipulated…
2Cases cited52 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Brown v. FelsenSupreme Court of the United States · 1979
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Hohn v. United StatesSupreme Court of the United States · 1998
- Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
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3Cited by66 opinions
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- Continental Insurance v. Thorpe Insulation Co.Court of Appeals for the Ninth Circuit · 2012
- Whitehouse v. LaRocheCourt of Appeals for the First Circuit · 2002
- In Re Avalon Hotel Partners, LLCUnited States Bankruptcy Court, D. Oregon · 2003
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
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