Legal Opinion

Mitchell v. Bigelow (In Re Mitchell)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided October 16, 2009No. 09-6017PublishedCited by 7 opinions

1Opinion of the Court

KRESSEL, Chief Judge.

Benjamin Mitchell appeals from the bankruptcy court’s order and judgment determining that the defendant’s debt to him is not excepted from her discharge. For the reasons discussed below, we reverse and remand to the bankruptcy court for further proceedings.

BACKGROUND

Kathryn Bigelow is the debtor in a chapter 7 case. Daniel P. Mitchell is Kathryn’s ex-husband. Benjamin Mitchell is Daniel’s son and Kathryn’s former stepson. In September of 2002, Benjamin alternated between living with his mother and with his father and stepmother. On September 15, 2002, there was a physical…

2Cases cited13 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  4. City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
  5. Charter Crude Oil Co. v. Petroleos Mexicanos (In Re Charter Crude Oil Co.)District Court, M.D. Florida · 1991

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

3Cited by7 opinions

  1. Anders Rydholm v. Experian Information SolutionsCourt of Appeals for the Eighth Circuit · 2022
  2. Fox v. Fidelity First Home Mortgage Co.Court of Special Appeals of Maryland · 2015
  3. Salard v. SalardDistrict Court, W.D. Louisiana · 2011
  4. James C. StewartUnited States Bankruptcy Court, N.D. Ohio · 2025
  5. Peter M. VenutoUnited States Bankruptcy Court, D. Massachusetts · 2021

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API