Legal Opinion
Fidler v. Donahue (In Re Fidler)
United States Bankruptcy Court, D. Nevada
Decided October 5, 2010No. 19-10584PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BRUCE A. MARKELL, Bankruptcy Judge.
I. Overview
Grant O. Fidler (Fidler), debtor, is the target of a state criminal action relating to the alleged passing of “bad checks” in partial repayment of loans subsequently discharged in his personal bankruptcy proceeding. He asks the court to enjoin the complaining witnesses from testifying and Robert Beckett, the Nye County District Attorney (Beckett), from prosecuting on the theory that these actions are merely alternative efforts to collect a debt which is prohibited by the post-discharge injunction of 11 U.S.C. § 524(a). In so…
2Cases cited11 opinions
- Wayte v. United StatesSupreme Court of the United States · 1985
- Kelly v. RobinsonSupreme Court of the United States · 1986
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
- Barnette v. EvansCourt of Appeals for the Eleventh Circuit · 1982
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3Cited by3 opinions
- Nash v. Clark County District Attorney's Office (In Re Nash)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Bala v. PWE Enters., Inc. (In re Racing Servs., Inc.)United States Bankruptcy Court, D. North Dakota · 2018
- Rothman v. Friedman Vartolo, LLPUnited States Bankruptcy Court, D. New Jersey · 2024