Legal Opinion
Capital One Bank v. Bungert (In Re Bungert)
United States Bankruptcy Court, E.D. Wisconsin
Decided September 10, 2004No. 19-21542PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
SUSAN V. KELLEY, Bankruptcy Judge.
The issue is whether the Debtors’ credit card debt to Capital One Bank (“Capital One”) is discharged in bankruptcy. Capital One properly filed and served a nondis-chargeability complaint on the Debtors and their attorney, but the Debtors did not answer. Capital One then moved for default judgment, supported by the affirmation of its attorney.
JURISDICTION AND VENUE
The Court has jurisdiction pursuant to 28 U.S.C. § 1334(b) (2004). Venue is proper under 28 U.S.C. §§ 1408, 1409. This is a core proceeding as defined by 28 U.S.C. § 157(b)(2)(I).
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2Cases cited21 opinions
- In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998
- Williams v. United StatesSupreme Court of the United States · 1982
- Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
- Bankers Trust Company, Cross-Appellee v. Old Republic Insurance Company, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1992
- In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hauspie v. Stonington Partners, Inc.Supreme Court of Delaware · 2008
- In Re DePughUnited States Bankruptcy Court, S.D. Texas · 2009
- Rinaldi v. HSBC Bank USA, N.A.United States Bankruptcy Court, E.D. Wisconsin · 2013
- Schmid v. Bank of America, N.A. (In re Schmid)United States Bankruptcy Court, W.D. Wisconsin · 2013
- Associated Bank, N.A. v. Graham (In re Graham)United States Bankruptcy Court, W.D. Wisconsin · 2012
9 more not listed; retrieve them via the Exa API.