Legal Opinion

Diamond Bank v. Carter (In Re Carter)

United States Bankruptcy Court, W.D. Missouri

Decided November 22, 1996No. 18-61336PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Plaintiff Diamond Bank (the “Bank”) objects to debtors/defendants’ (the “debtors”) discharge pursuant to 11 U.S.C. § 727(a)(2), (4), and (5), as well as to the dischargeability of its debt pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (L) over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 1334(b), 157(a), and 157(b)(1). For the reasons set forth below, I find that the Bank has no deficiency debt, therefore, the dischargeability cause of action is moot. I further find…

2Cases cited36 opinions

  1. In Re George Edward Adeeb, Debtor-Appellant. First Beverly Bank v. George Edward Adeeb, Fdba Discount Gas, Faw Discount Gas, Inc., Faw Tires & Tune-Ups, Inc., Consumers Oil Company, R & M Petroleum Company, and H.F. Cox, Inc. v. George Edward Adeeb, Fdba Discount Gas, Faw Discount Gas, Inc., Faw Tires & Tune-Ups, Inc.Court of Appeals for the First Circuit · 1986
  2. Keith L. McCORMICK, Appellant, v. SECURITY STATE BANK, AppelleeCourt of Appeals for the Eighth Circuit · 1987
  3. In Re Global Western Development CorporationCourt of Appeals for the Ninth Circuit · 1985
  4. Sedalia Mercantile Bank & Trust Co. v. Loges Farms, Inc.Missouri Court of Appeals · 1987
  5. Cherry Manor, Inc. v. American Health Care, Inc.Missouri Court of Appeals · 1990

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3Cited by18 opinions

  1. Floret, L.L.C. v. Sendecky (In Re Sendecky)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  2. Silverman Consulting, Inc. v. Canfor Wood Products Marketing (In Re Payless Cashways, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  3. Rutili v. O'NeillUnited States Bankruptcy Court, N.D. Illinois · 2012
  4. Riley v. Riley (In Re Riley)United States Bankruptcy Court, W.D. Missouri · 2004
  5. Luker v. Eubanks (In Re Eubanks)United States Bankruptcy Court, E.D. Arkansas · 2010

13 more not listed; retrieve them via the Exa API.

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