Legal Opinion
Hibernia National Bank v. Perez
District Court, E.D. Louisiana
Decided February 21, 1991No. Civ. A. 90-2080PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
MENTZ, District Judge.
Before the court is an appeal from the bankruptcy court brought pursuant to 28 U.S.C. section 158(a). The appellant, August Perez, filed for a Chapter 7 liquidation and was denied a discharge by the bankruptcy court. Hibernia National Bank has filed a cross-appeal.
I. STANDARD OF REVIEW
On appeal from the bankruptcy court, the district court is bound by Bankruptcy Rule 8013 to set aside factual findings only if clearly erroneous. Legal conclusions may be reviewed de novo.
II. BURDEN OF PROOF
The bankruptcy court applied the clear and convincing evidentiary…
2Cases cited11 opinions
- Hardin v. Manitowoc-Forsythe Corp.Court of Appeals for the Tenth Circuit · 1982
- Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
- In the Matter of Gerald A. Mascolo, BankruptCourt of Appeals for the First Circuit · 1974
- Farmers Co-Operative Association of Talmage, Kansas v. Tim Aaron StrunkCourt of Appeals for the Tenth Circuit · 1982
- Gilberto Jimenez v. The Tuna Vessel "Granada," Her Engines, Boilers, Tackle, Etc.Court of Appeals for the Fifth Circuit · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sholdra v. Chilmark Financial LLP (In Re Sholdra)Court of Appeals for the Fifth Circuit · 2001
- In the Matter of August Perez, Iii, Debtor. Hibernia National Bank v. August Perez, IIICourt of Appeals for the Fifth Circuit · 1992
- Freelife International, LLC v. Butler (In Re Butler)United States Bankruptcy Court, D. Utah · 2006
- Nisselson v. Wolfson (In Re Wolfson)United States Bankruptcy Court, S.D. New York · 1992
- First American Title Insurance v. Lett (In Re Lett)United States Bankruptcy Court, W.D. Missouri · 1999
10 more not listed; retrieve them via the Exa API.