Legal Opinion

Hi-Qual Roofing & Siding Materials, Inc. v. Ridsdale (In Re Ridsdale)

United States Bankruptcy Court, W.D. New York

Decided October 24, 2002No. 2-19-20157PublishedCited by 7 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Bankruptcy Judge.

By separate decision, the Court has declared a $104,728.08 liability to be nondischargeable in this case.

The Court writes separately as to the award of a money judgment, solely to address what this writer respectfully submits is a misinformed line of cases to the effect that a bankruptcy court lacks jurisdiction to enter money judgment on a non-dis-chargeable debt. 1

Such cases are based on the premise that “The Code and Rules do not authorize entry of a money judgment on a nondischargeable debt.” 2

I respectfully differ. The Advisory Committee on Bankruptcy…

2Cases cited4 opinions

  1. Barrows v. Illinois Student Assistance Commission (In Re Barrows)United States Bankruptcy Court, D. New Hampshire · 1994
  2. First Omni Bank, N.A. v. Thrall (In Re Thrall)United States Bankruptcy Court, D. Colorado · 1996
  3. Porter Capital Corp. v. Hamilton (In Re Hamilton)United States Bankruptcy Court, W.D. Oklahoma · 2002
  4. Estate of Eckel v. Narciso (In Re Narciso)United States Bankruptcy Court, E.D. Arkansas · 1992

3Cited by7 opinions

  1. Lang v. Lang (In Re Lang)Bankruptcy Appellate Panel of the Tenth Circuit · 2003
  2. Cambio v. Mattera (Cambio)Bankruptcy Appellate Panel of the First Circuit · 2004
  3. Pierce v. Conseco Finance Servicing Corp. (In Re Lockridge)District Court, D. Arizona · 2003
  4. Baker v. Friedman (In Re Friedman)United States Bankruptcy Court, D. Massachusetts · 2003
  5. Gradco Corp v. Blankenship (In Re Blankenship)United States Bankruptcy Court, N.D. Alabama · 2009

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