Legal Opinion
In Re Leonard L. Warner and Arlene L. Warner, Debtors. A. Elliott Archer Carol A. Archer v. Arlene L. Warner, and Leonard L. Warner
Court of Appeals for the Fourth Circuit
Decided March 8, 2002No. 00-2525PublishedCited by 7 opinions
1Opinion of the Court
Affirmed by published opinion. Judge WIDENER wrote the majority opinion, in which Judge NIEMEYER joined. Judge TRAXLER wrote a dissenting opinion.
OPINION
WIDENER, Circuit Judge.
Elliot and Carol Archer appeal from the district court’s order affirming the bankruptcy court. The district court held that Arlene Warner’s affirmative defense of settlement in a state suit, involving the same facts upon which rest the non-dis-chargeability claim at issue here, created a novation substituting a contract debt which was dischargeable for the tort claims which arguably were not. For the following reasons,…
2Cases cited6 opinions
- Foley & Lardner v. Biondo (In Re Biondo)Court of Appeals for the Fourth Circuit · 1999
- United States v. John R. SpicerCourt of Appeals for the D.C. Circuit · 1995
- Jay GREENBERG, Plaintiff-Appellee, v. Carl SCHOOLS, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- In the Matter of Pamela A. West, Debtor-Appellee. Appeal of John R. OltmanCourt of Appeals for the Seventh Circuit · 1994
- Maryland Casualty Co. v. CushingCourt of Appeals for the Seventh Circuit · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Archer v. WarnerSupreme Court of the United States · 2003
- OSB Manufacturing, Inc. v. Hathaway (In Re Hathaway)United States Bankruptcy Court, E.D. Virginia · 2007
- Rodriguez v. Valencia (In Re Valencia)United States Bankruptcy Court, D. Colorado · 2002
- Archer Et Ux. v. WarnerSupreme Court of the United States · 2002
- Archer v. WarnerSupreme Court of the United States · 2003
2 more not listed; retrieve them via the Exa API.