Legal Opinion
In Re Kristiniak
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 21, 1997No. 19-11552PublishedCited by 11 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A INTRODUCTION
To our surprise and somewhat to our disappointment, we are forced to conclude that the Debtors’ honest mistake in omitting an unsecured creditor from their Chapter 13 Schedules entitles that creditor to relief from the automatic stay to pursue its nondischargeable claim against the Debtors.
B. PROCEDURAL AND FACTUAL HISTORY
The brief testimony did little to embellish the undisputed facts of the record on which we base our decision. DEAN E. and SUSAN B. KRISTINIAK (“the Debtors”) filed a joint Chapter 13 bankruptcy case on July 15, 1993. An…
2Cases cited27 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- United States v. Cardinal Mine Supply, Inc.Court of Appeals for the Sixth Circuit · 1990
- Susan Judd v. Lawrence Wolfe, Susan Judd, DebtorCourt of Appeals for the Third Circuit · 1996
- In Re Vertientes, Ltd., Debtor. Vertientes, Ltd. v. Internor Trade, Inc.Court of Appeals for the Third Circuit · 1988
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3Cited by11 opinions
- In Re WrightUnited States Bankruptcy Court, N.D. Illinois · 2003
- In re MazikUnited States Bankruptcy Court, E.D. Pennsylvania · 2018
- In Re NwonwuUnited States Bankruptcy Court, E.D. Virginia · 2007
- In Re GriggsUnited States Bankruptcy Court, W.D. Missouri · 2004
- O'Dell v. MahoneyCourt of Appeals of Georgia · 2013
6 more not listed; retrieve them via the Exa API.