Legal Opinion
In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David Selinger
Court of Appeals for the Ninth Circuit
Decided September 26, 2002No. 01-56576PublishedCited by 76 opinions
1Opinion of the Court
Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge FERNANDEZ.
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
We are presented in this case with a question of first impression: does the doctrine of laches apply to nondischargeability complaints brought under 11 U.S.C. § 523(a)(3)(B) and Federal Rule of Bankruptcy Procedure 4007(b)? When unscheduled creditor David Selinger sought a determination of the dischargeability of his state court default judgment against Chapter 7 debtor Thomas Beaty, the bankruptcy court granted summary judgment in Beaty’s favor based on his affirmative defense of…
2Cases cited57 opinions
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- Katchen v. LandySupreme Court of the United States · 1966
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Cohen v. De La CruzSupreme Court of the United States · 1998
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3Cited by76 opinions
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- In re SassonCourt of Appeals for the Ninth Circuit · 2005
- O'Donnell v. Vencor, Inc.Court of Appeals for the Ninth Circuit · 2006
- In Re Andrew Staffer, Debtor, Andrew Staffer v. Robert PredovichCourt of Appeals for the Ninth Circuit · 2002
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