Legal Opinion
New York v. Kelly (In Re Kelly)
United States Bankruptcy Court, S.D. New York
Decided June 9, 1993No. 18-14036PublishedCited by 20 opinions
1Opinion of the Court
DECISION ON MOTION FOR SUMMARY JUDGMENT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The State of New York (“State”) has moved for summary judgment in the adversary proceeding that it filed against Joan Kelly, the Chapter 7 debtor, to declare its claim nondischargeable under 11 U.S.C. §§ 523(a)(4) and (7). In support of its motion, the State argues that there are no material facts in dispute. The State’s claim, which is comprised of a judgment of restitution and treble damages, arises from the debtor’s conviction of larceny in a criminal proceeding. The State asserts that the portion of its claim…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Kelly v. RobinsonSupreme Court of the United States · 1986
- United States v. Bertram L. PodellCourt of Appeals for the Second Circuit · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Abraham Sokol, Debtor. The State of New York, Plaintiff-Appellant-Cross-Appellee v. Abraham Sokol, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
- Barristers Abstract Corp. v. Caulfield (In Re Caulfield)United States Bankruptcy Court, E.D. New York · 1996
- New York v. Sokol (In Re Sokol)United States Bankruptcy Court, S.D. New York · 1994
- Community Mutual Savings Bank v. Landrin (In Re Landrin)United States Bankruptcy Court, S.D. New York · 1994
- Gore v. Kressner (In Re Kressner)United States Bankruptcy Court, S.D. New York · 1997
15 more not listed; retrieve them via the Exa API.