Legal Opinion
In Re Lembke
United States Bankruptcy Court, D. North Dakota
Decided November 10, 1988No. 18-30765PublishedCited by 41 opinions
1Opinion of the Court
ORDER
WILLIAM A. HILL, Bankruptcy Judge.
This matter is before the court on motion of the movant, Valentine Fettig (Fettig), for relief from the injunctive effect of 11 U.S.C. § 524 in order that he might continue with a state court personal injury action in which the Debtor, Dennis Lembke (Debt- or), is a co-defendant but who, along with his wife and co-debtor, has been granted a discharge in bankruptcy. The motion is resisted by the Debtors.
The facts bearing on this issue are not in dispute and are briefly the following: On December 1,1987, Fettig commenced a civil action against the Debtor…
2Cases cited4 opinions
- In the Matter of Charles Holtkamp and Holtkamp Farms, Inc., Debtors-Appellants. Charles Holtkamp and Holtkamp Farms, Inc. v. Ronald E. LittlefieldCourt of Appeals for the Seventh Circuit · 1982
- Wimmer v. Mann (In Re Mann)United States Bankruptcy Court, W.D. Virginia · 1986
- West v. White (In Re White)District Court, District of Columbia · 1987
- Johnson v. BondurantSupreme Court of Kansas · 1961
3Cited by41 opinions
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- Green v. WelshCourt of Appeals for the Second Circuit · 1992
- Landsing Diversified Properties-II v. First National Bank & Trust Co. (In re Western Real Estate Fund, Inc.)Court of Appeals for the Tenth Circuit · 1990
- Bursch v. Beardsley & PiperCourt of Appeals for the Eighth Circuit · 1992
- Chapman v. Bituminous Insurance (In Re Coho Resources, Inc.)Court of Appeals for the Fifth Circuit · 2003
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