Legal Opinion

Nguyen v. Van Quach (In Re Van Quach)

United States Bankruptcy Court, N.D. Illinois

Decided October 10, 1995No. 16-30491PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

Summary

The Plaintiff in this adversary proceeding alleges that he lost $14,280 as a result of misrepresentations made by the Debtor/Defendant, and requests a judgment for fraud damages and non-dischargeability. The Defendant has filed a motion for judgment on the pleadings (which will be treated as a motion to dismiss) on the grounds that the Plaintiff does not have standing to sue and has failed to allege any of the elements of fraud. The Defendant also asks this Court to strike the Plaintiffs request for punitive damages, contending that…

2Cases cited25 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
  3. In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. AmbroseCourt of Appeals for the Eleventh Circuit · 1993
  4. In Re Alberto Obed Miera, Jr. Neil K. Johnson v. Alberto Obed Miera, Jr.Court of Appeals for the Eighth Circuit · 1991
  5. R. Richard Bastian, III v. Petren Resources CorporationCourt of Appeals for the Seventh Circuit · 1990

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3Cited by3 opinions

  1. Sullivan v. Clayton (In Re Clayton)United States Bankruptcy Court, E.D. Pennsylvania · 1996
  2. Johnson v. Bankers Life & Casualty Co.District Court, W.D. Wisconsin · 2013
  3. Sieron v. Hanover Fire & Casualty InsuranceDistrict Court, S.D. Illinois · 2007

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