Legal Opinion

Superior Cleaning Serv., LLC v. Munoz (In re Munoz)

District Court, D. Colorado

Decided September 5, 2018No. Civil Action No. 17-cv-1910-WJM-STV; Bankruptcy Action No. 16-21204-KHT, Chapter 13; Appeal from Bankruptcy Adversary Proceeding No. 17-01066-KHTPublishedCited by 5 opinions

1Opinion of the Court

William J. Martinez, United States District Judge

Lino Miranda Munoz ("Munoz") filed a Chapter 13 bankruptcy petition, and listed as one of his debts a judgment of approximately $91,000 owed to Superior Cleaning Service, LLC ("Superior"). Superior filed an adversary proceeding to establish that Munoz's debt is nondischargeable for "actual fraud," per 11 U.S.C. § 523(a)(2)(A). The Bankruptcy Court found that only $2 of the debt was tainted by actual fraud, and so entered judgment in favor of Munoz, less $2. Superior now appeals the Bankruptcy Court's judgment to this Court under Federal Rules…

2Cases cited15 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. United States v. 2121 East 30th StreetCourt of Appeals for the Tenth Circuit · 1996
  3. Steven v. Summers v. State of Utah Salt Lake Commissioners "John Does 1-5", and Salt Lake City Corporation Officer James E. FaraoneCourt of Appeals for the Tenth Circuit · 1991
  4. Cohen v. De La CruzSupreme Court of the United States · 1998
  5. Wood v. MilyardSupreme Court of the United States · 2012

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3Cited by5 opinions

  1. Brookhouser v. BostickUnited States Bankruptcy Court, D. New Mexico · 2024
  2. In re: Advanced Urgent Care, LLC; Zip Clinic Management, LLC; Rock Oak Capital Fund I, LLC; Practice Velocity, LLC; Experity Health; and Dr. David Stearn v. Broadway and Ellsworth, LLC and TAZ3, LLCDistrict Court, D. Colorado · 2026
  3. In re: Stuart Scott SnyderCourt of Appeals for the Second Circuit · 2019
  4. Potts-Schlimme v. Zamani-ZadehUnited States Bankruptcy Court, D. New Mexico · 2023
  5. Rael v. GonzalesUnited States Bankruptcy Court, D. New Mexico · 2025

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