Legal Opinion

Continental Bank v. Cantwell (In Re Cantwell)

United States Bankruptcy Court, E.D. Pennsylvania

Decided February 9, 1982No. 19-10152PublishedCited by 7 opinions

1Opinion of the Court

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented by the case at bench is whether we should dismiss the creditors’ complaint to revoke the bankrupt’s discharge because it fails to state a claim upon which relief can be granted. We conclude that the instant complaint should be so dismissed because it fails to allege sufficient grounds under § 15 of the Bankruptcy Act (“the Act”) on which to sustain a request for revocation of the bankrupt’s discharge.

The facts of the instant case are as follows: 1 On June 26, 1978, Gerard J. Cant-well (“the bankrupt”) filed a voluntary petition in…

2Cases cited35 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  3. Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
  4. Mrs. Julian Lamar Davis, Temporary Administratrix of the Estate of Charles Edward Davis, Deceased v. Parkhill-Goodloe Company, Inc.Court of Appeals for the Fifth Circuit · 1962
  5. Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976

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3Cited by7 opinions

  1. Advanced Cellular Systems, Inc. v. Mayol (In Re Advanced Cellular Systems, Inc.)United States Bankruptcy Court, D. Puerto Rico · 1999
  2. Carlton v. Pollack (In Re Carlton)United States Bankruptcy Court, E.D. New York · 1987
  3. Mileasing Co. v. Allavena (In Re Allavena)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. National Union Fire Insurance Co. of Pittsburgh, PA. v. Main (In Re Main)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  5. Littenstein v. Dorcich (In Re Littenstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

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