Legal Opinion
In Re Kurtis George Kaspar and Linda Ann Kaspar, Debtors, Bellco First Federal Credit Union v. Kurtis George Kaspar and Linda Ann Kaspar
Court of Appeals for the First Circuit
Decided September 30, 1997No. 96-1462PublishedCited by 113 opinions
1Opinion of the Court
JOHN C. PORFILIO, Circuit Judge.
This appeal presents the question of whether modern technology and business practices grounded in convenience will prevail over the strict language of statutory law. In particular, we address whether a computer generated statement of financial condition given in an application for credit neither seen nor signed by the debtor constitutes “a writing” under § 523(a)(2)(B) of the Bankruptcy Code. The Bankruptcy court concluded it does not and granted debtors, Kurtis and Linda Ann Raspar, partial summary judgment in an adversary proceeding seeking an exception from…
2Cases cited12 opinions
- Field v. MansSupreme Court of the United States · 1995
- In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
- In Re Howard P. Batie, Debtor. Investors Credit Corporation v. Howard P. BatieCourt of Appeals for the Sixth Circuit · 1993
- In Re Terry Patrick Ward, Debtor, Manufacturer's Hanover Trust Company v. Terry Patrick WardCourt of Appeals for the Sixth Circuit · 1988
- Hudson Valley Water Resources, Inc. v. Boice (In Re Boice)United States Bankruptcy Court, S.D. New York · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
- Cadwell v. Joelson (In Re Joelson)Court of Appeals for the Tenth Circuit · 2005
- DSC National Properties, LLC v. Johnson (In re Johnson)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- Tallant v. Kaufman (In Re Tallant)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Chevy Chase Bank FSB v. Kukuk (In Re Kukuk)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
108 more not listed; retrieve them via the Exa API.