Legal Opinion
Cooke v. Howarter (In Re Howarter)
United States Bankruptcy Court, S.D. California
Decided January 5, 1989No. 19-00394PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION
PETER W. BOWIE, Bankruptcy Judge.
The issues before the Court concern whether Howarter’s debt owed to Cooke is non-dischargeable under 11 U.S.C. § 523(a)(2)(A) and, if so, what is the amount of that debt.
The creditor, Mr. Cooke, has the burden of establishing the elements of non-dischargeability by clear and convincing evidence. The elements which must be established are:(1) the debtor made the misrepresentations;(2) at the time they were made the debt- or knew they were false;(3) the debtor made them with the intention and purpose of deceiving the creditor;(4) the creditor…
2Cases cited13 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
- In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
- In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
- In Re Giuseppe Matera, Bankrupt. Peter Carini v. Giuseppe MateraCourt of Appeals for the Seventh Circuit · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barney v. Perkins (In Re Perkins)United States Bankruptcy Court, D. Utah · 2003
- Cooke v. Howarter (In Re Howarter)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Federal Deposit Insurance Corp. v. Lefeve (In Re Lefeve)United States Bankruptcy Court, S.D. Mississippi · 1991
- Interfinancial Corp. v. White (In Re White)United States Bankruptcy Court, D. Montana · 1991
- Federal Deposit Insurance Corp. v. Lefeve (In Re Lefeve)United States Bankruptcy Court, S.D. Mississippi · 1991
3 more not listed; retrieve them via the Exa API.