Legal Opinion

Blackstone Financial Group Business Trust v. Myler (In re Myler)

United States Bankruptcy Court, D. Utah

Decided August 31, 2012No. Bankruptcy No. 10-31427 JTM; Adversary No. 12-2231PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

JOEL T. MARKER, Bankruptcy Judge.

This proceeding concerns a creditor’s right to maintain revocation of discharge and nondischargeability claims filed out of time. Under the Bankruptcy Code, a creditor may request revocation of a chapter 7 debtor’s discharge within one year after the discharge was granted if the discharge was obtained through fraud and the creditor did not know of the fraud until after the discharge was granted.1 Similarly, a creditor may request revocation of a debtor’s discharge within the later of one year after the discharge was granted and the date the…

2Cases cited18 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  3. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  4. Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
  5. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984

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3Cited by1 opinion

  1. In re SpinksUnited States Bankruptcy Court, S.D. Georgia · 2018

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