Legal Opinion

In Re Chan

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 23, 2006No. 15-18807PublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM OPINION

ERIC L. FRANK, U.S. Bankruptcy Judge.

I

In this case, an unsecured creditor seeks relief from the automatic stay under 11 U.S.C. § 362(d)(1) in order to proceed with a lawsuit that she commenced against the Debtor in the U.S. District Court for the Eastern District of Pennsylvania a few weeks before the commencement of the Debtor’s chapter 7 bankruptcy case. In the litigation, the creditor raises claims of fraud and breach of fiduciary duty, claims which may be nondischargeable under 11 U.S.C. § 523(a)(2) and (4). There are many reported decisions that discuss the analysis a…

2Cases cited29 opinions

  1. In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
  2. In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
  3. In Re White Motor Corp.District Court, N.D. Ohio · 1984
  4. In Re Harry C. Robbins, a Single Person, Debtor. Revalle Robbins v. Harry C. RobbinsCourt of Appeals for the Fourth Circuit · 1992
  5. Johns-Manville Corp. v. Asbestos Litigation Group (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983

24 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)United States Bankruptcy Court, S.D. Texas · 2015
  2. Wright v. Minardi (In re Minardi)United States Bankruptcy Court, E.D. Texas · 2015
  3. Voss v. Pujdak (In Re Pujdak)United States Bankruptcy Court, D. South Carolina · 2011
  4. Faris v. Jafari (In Re Jafari)United States Bankruptcy Court, D. Colorado · 2009
  5. Cutcliff v. Reuter (In Re Reuter)United States Bankruptcy Court, W.D. Missouri · 2010

29 more not listed; retrieve them via the Exa API.

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