Legal Opinion

Roberts v. Erhard (In Re Roberts)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 29, 2005No. BAP No. ID-04-1566-BuBMo, Bankruptcy No. 02-00252, Adversary No. 02-06089PublishedCited by 90 opinions

1Opinion of the Court

OPINION

BUFFORD, Bankruptcy Judge.

I. Introduction

Appellant Kenneth R. Roberts (“Roberts”) raises two issues on appeal. First, he argues that the bankruptcy court should have dismissed the complaint filed by James F. Erhard (“Erhard”) objecting to his discharge for failure to serve it timely, even though he never raised this issue in the trial court. Second, Roberts asks us to find that the bankruptcy court erred in holding that Roberts is not entitled to a chapter 7 discharge under § 727(a)(4)(A). 2 We AFFIRM in part and REVERSE in part.

II. Relevant Facts

Roberts filed his chapter 7 petition on…

2Cases cited22 opinions

  1. John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic SurgeryCourt of Appeals for the Third Circuit · 1998
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  4. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996

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3Cited by90 opinions

  1. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  2. Khalil v. Developers Surety & Indemnity Co. (In Re Khalil)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. In re: Benjamin Moonkang HuhUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. Mele v. Mele (In Re Mele)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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