Introducing ATLASLearn more
Legal Opinion

United States v. Fitzgerald (In Re Fitzgerald)

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 27, 1987No. 19-10384PublishedCited by 16 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION AND PROCEDURAL HISTORY

In this proceeding, we are called upon to determine whether the Government has made out a case that the receipt of an overpayment of Social Security widow’s benefits by the Debtor could be declared nondischargeable, as a debt incurred by false pretenses, a false representation, or fraud, per 11 U.S.C. § 523(a)(2)(A). We find that the Government has fallen short of meeting its burden of proving the elements necessary to succeed in such a Complaint by the requisite “clear and convincing evidence” standard, and we…

2Cases cited23 opinions

  1. Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
  2. In Re Ira Laurence Hunter, Debtor. Edwin Schweig v. Ira Laurence HunterCourt of Appeals for the Eleventh Circuit · 1986
  3. In the Matter of Martin M. Decker and Kathleen H. Decker, Individually and Jointly, Bankrupts. Appeal of Martin M. DeckerCourt of Appeals for the Third Circuit · 1979
  4. Janet Wier, on Behalf of Her Son, John P. Wier, a Minor v. Margaret M. Heckler, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1984
  5. Sprague, Thall & Albert v. Woerner (In Re Woerner)United States Bankruptcy Court, E.D. Pennsylvania · 1986

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

3Cited by16 opinions

  1. United States v. Stelweck (In Re Stelweck)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Fluehr v. Paolino (In Re Paolino)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. United States v. StelweckDistrict Court, E.D. Pennsylvania · 1989
  4. Rolley v. Spector (In Re Spector)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  5. Forstall v. McCall (In Re McCall)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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

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

View API DocsGet API Key

Powered by the Exa API