In Re Chan
United States Bankruptcy Court, E.D. Pennsylvania
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
- In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
- In Re CurtisUnited States Bankruptcy Court, D. Utah · 1984
- In Re White Motor Corp.District Court, N.D. Ohio · 1984
- In Re Harry C. Robbins, a Single Person, Debtor. Revalle Robbins v. Harry C. RobbinsCourt of Appeals for the Fourth Circuit · 1992
- 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
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- Voss v. Pujdak (In Re Pujdak)United States Bankruptcy Court, D. South Carolina · 2011
- Faris v. Jafari (In Re Jafari)United States Bankruptcy Court, D. Colorado · 2009
- Cutcliff v. Reuter (In Re Reuter)United States Bankruptcy Court, W.D. Missouri · 2010
29 more not listed; retrieve them via the Exa API.