Lone Star Security & Video, Inc. v. Gurrola (In Re Gurrola)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
Ignorance. Pure ignorance. The debt- or was amazingly ignorant of the legal consequences of his bankruptcy discharge. The question is whether such ignorance is punishable by equitably estopping the debtor from relying on the discharge because he did not assert the discharge as a defense to entry of a postpetition judgment on a discharged debt. We hold that the bankruptcy discharge cannot be circumvented on equitable grounds.
The provision of 11 U.S.C. § 524(a) that a discharge “voids any judgment at any time obtained, to the extent that such judgment is a…
2Cases cited41 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Kontrick v. RyanSupreme Court of the United States · 2004
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Kalb v. FeuersteinSupreme Court of the United States · 1940
36 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Rooz v. Kimmel (In Re Kimmel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 2016
- Meadows v. Hagler (In Re Meadows)United States Bankruptcy Court, N.D. Georgia · 2010
- In Re HernandezUnited States Bankruptcy Court, S.D. California · 2012
37 more not listed; retrieve them via the Exa API.