Legal Opinion

Bell v. Stuerke (In Re Stuerke)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 16, 1986No. BAP No. CC-85-1396-MVAb, Bankruptcy No. LA 84-23311 BROPublishedCited by 25 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This is an appeal from the trial court’s grant of summary judgment in favor of the Debtors in an adversary proceeding objecting to their discharge and seeking a determination that an obligation be declared nondischargeable. The objecting creditors, Billy and Irene Bell, appeal from this decision. The Bells contend they have raised an issue of material fact sufficient to survive summary judgment. We agree and REVERSE.

II

FACTS

The Debtors, Clarence Ronald Stuerke and Nancy Lee Stuerke, filed a voluntary Chapter 7 petition on November 30, 1984. Among the debts…

2Cases cited8 opinions

  1. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  2. Kentile Floors, Inc. v. Clifford L. Winham and Corinne Winham, BankruptsCourt of Appeals for the Ninth Circuit · 1971
  3. Norman P. Calhoun, and Viola E. Calhoun v. United StatesCourt of Appeals for the Ninth Circuit · 1981
  4. Garter-Bare Company, an Unincorporated Association (A Limited Partnership), and Knut L. Bjorn-Larsen v. Munsingwear, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1980
  5. American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985

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3Cited by25 opinions

  1. Fogal Legware of Switzerland, Inc. v. Wills (In Re Wills)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. Peoples State Rank of Mazeppa v. Drenckhahn (In Re Drenckhahn)United States Bankruptcy Court, D. Minnesota · 1987
  3. G & J Investments v. Zell (In Re Zell)United States Bankruptcy Court, S.D. Ohio · 1989
  4. Blackwell Oil Co. v. Potts (In re Potts)United States Bankruptcy Court, D. Colorado · 2013
  5. Burman v. Homan (In Re Homan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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