Legal Opinion
In re Ryan
United States Bankruptcy Court, D. Hawaii
Decided October 19, 2016No. Case No. 09-01604PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION REGARDING EFFECT OF DISCHARGE ORDER AND FINAL DECREE ON CERTAIN POST-DISCHARGE CLAIMS
Robert J. Faris, United States Bankruptcy Judge
David Joseph Ryan and Melissa Ann Ryan commenced a chapter 7 bankruptcy case, stated their intention to “surrender” their residence, and obtained a discharge in bankruptcy. Later, Mr. and Mrs. Ryan brought an action in Hawaii state court against CIT Bank (“CIT”), alleging that, after the discharge and final decree were entered, CIT’s predecessor conducted a wrongful foreclosure of their residence. CIT moved to dismiss, arguing that the…
2Cases cited24 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
- Republic Reader's Service, Inc. v. Magazine Service Bureau, Inc. (In Re Republic Reader's Service, Inc.)United States Bankruptcy Court, S.D. Texas · 1987
- In Re Gilbert G. BEEZLEY, Debtor. Gilbert G. BEEZLEY, Appellant, v. CALIFORNIA LAND TITLE COMPANY, AppelleeCourt of Appeals for the Ninth Circuit · 1993
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3Cited by2 opinions
- In re GregoryUnited States Bankruptcy Court, W.D. Missouri · 2017
- Federal National Mortgage AssociationDistrict Court, E.D. New York · 2020