Legal Opinion

Wells Fargo Bank v. Beltran (In Re Beltran)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided May 16, 1995No. BAP No. NC-94-1373-ROJ. Bankruptcy No. 93-33634 WTC. Adv. No. 93-3523 DMPublishedCited by 26 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

A creditor bank filed a complaint against the debtors pursuant to § 523(a)(2)(A) 1 , seeking to have the debtors’ credit card debt to the bank determined to be nondischargeable. The debtors did not respond to the creditor’s complaint, and the clerk of the bankruptcy court entered the debtors’ default.

The creditor filed a motion for entry of a default judgment. Following a default prove up hearing, the bankruptcy court denied the motion and entered judgment in favor of the debtors. The creditor timely filed a notice of appeal. We AFFIRM.

I. FACTS

One of the…

2Cases cited8 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Gary R. Eitel v. William D. McCoolCourt of Appeals for the Ninth Circuit · 1986
  3. Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  4. Citibank South Dakota, N.A. v. Dougherty (In Re Dougherty)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. Sears v. Faulk (In Re Faulk)United States Bankruptcy Court, N.D. Indiana · 1986

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3Cited by26 opinions

  1. Mercantile Bank v. CanovasUnited States Bankruptcy Court, N.D. Illinois · 1998
  2. At & T Universal Card Services v. Black (In Re Black)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. Cashco Financial Services, Inc. v. McGee (In Re McGee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  4. All Points Capital Corp. v. Meyer (In Re Meyer)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. At & T Universal Card Services, Corp. v. Sziel (In Re Sziel)United States Bankruptcy Court, N.D. Illinois · 1997

21 more not listed; retrieve them via the Exa API.

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