Legal Opinion
DeRosa v. Jacone (In Re Jacone)
United States Bankruptcy Court, S.D. New York
Decided July 27, 1993No. 18-23450PublishedCited by 11 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS COMPLAINT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
Jerome and Carole Jacone, the debtors, have moved under Federal Rule of Civil Procedure 12(c) and Federal Rule of Bankruptcy Procedure 7012 to dismiss the complaint in the adversary proceeding commenced by creditors Caesar and Ann DeRo-sa (the “DeRosas”) to declare the nondis-chargeability of their claim pursuant to 11 U.S.C. §§ 523(a)(2) and (4) or, in the alternative, that their claim be treated as a secured debt. The debtors argue that they are entitled to judgment upon the facts set forth in the pleadings because…
2Cases cited10 opinions
- Matthew Madonna v. United StatesCourt of Appeals for the Second Circuit · 1989
- Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
- In Re Earl William Teichman, Debtor. Barbara F. Teichman, Cross-Appellant v. Earl William Teichman, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1985
- Farina v. Balzano (In Re Balzano)United States Bankruptcy Court, E.D. New York · 1991
- Gore v. Kressner (In Re Kressner)United States Bankruptcy Court, S.D. New York · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Zohlman v. ZoldanDistrict Court, S.D. New York · 1998
- Barristers Abstract Corp. v. Caulfield (In Re Caulfield)United States Bankruptcy Court, E.D. New York · 1996
- Kuper v. Spar (In Re Spar)United States Bankruptcy Court, S.D. New York · 1994
- Gore v. Kressner (In Re Kressner)United States Bankruptcy Court, S.D. New York · 1997
- Chase Bank, U.S.A., N.A. v. Vanarthos (In Re Vanarthos)United States Bankruptcy Court, S.D. New York · 2011
6 more not listed; retrieve them via the Exa API.