Legal Opinion

Wilmington Trust Co. v. Martin (In Re Martin )

United States Bankruptcy Court, E.D. Pennsylvania

Decided January 3, 1984No. 19-10089PublishedCited by 20 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The Wilmington Trust Company (“the bank”) has filed a complaint under 11 U.S.C. § 523(a)(2)(A) and (a)(4) of the Bankruptcy Code (“the Code”) seeking a determination of the nondischargeability of a debt owed to it by the debtors. For the reasons stated herein we find the debt non-dischargeable.

The facts of the case are as follows: 1 For the purpose of purchasing and renovating an apartment building in the State of Delaware, Gerald and Marilyn Martin (“the debtors”) borrowed $85,000.00 from the bank in April of 1979 and in exchange granted it a…

2Cases cited20 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Neal v. ClarkSupreme Court of the United States · 1878
  3. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  4. In the Matter of Simon Angelle, D/B/A Angelle's Lumber Co., Bankrupts. Simon Angelle v. Dr. Kenneth P. ReedCourt of Appeals for the Fifth Circuit · 1980
  5. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982

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3Cited by20 opinions

  1. In the Matter of Christopher Wallace Boyle, Debtor. Christopher Wallace Boyle v. Abilene Lumber, Inc.Court of Appeals for the Fifth Circuit · 1987
  2. Woodworking Enterprises, Inc. v. Baird (In Re Baird)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. Teamsters Local 533 v. Schultz (In Re Schultz)United States Bankruptcy Court, D. Nevada · 1985
  4. Landvest Associates v. Owens (In Re Owens)United States Bankruptcy Court, D. South Carolina · 1984
  5. Armstrong Rubber Co. v. Anzman (In Re Anzman)United States Bankruptcy Court, D. Colorado · 1986

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