Legal Opinion

Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, Montana

Court of Appeals for the Ninth Circuit

Decided May 2, 1985No. 84-3878PublishedCited by 276 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

Cloyd and Barbara Devers (“Debtors”) were denied a general discharge in bankruptcy for fraudulent conduct which violated 11 U.S.C. § 727. The district court affirmed, and this appeal followed. We affirm.

FACTS

In August 1981, Debtors filed a voluntary joint petition under Chapter 11 of the Bankruptcy Code. 1 They became debtors-in-possession of their hog breeding facility and continued the operation, pursuant to 11 U.S.C. §§ 1107, 1108. In April 1981, the Debtors had borrowed $94,802 from the Bank of Sheridan, Montana (“Creditor”), and had pledged their livestock, ranch…

2Cases cited13 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
  3. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  4. In Re Lois Adlman, Bankrupt. Bank of Pennsylvania v. Lois AdlmanCourt of Appeals for the Second Circuit · 1976
  5. Farmers Co-Operative Association of Talmage, Kansas v. Tim Aaron StrunkCourt of Appeals for the Tenth Circuit · 1982

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3Cited by276 opinions

  1. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  2. Morris Rosen, Debtor v. Karen E. Bezner, Trustee, Morris RosenCourt of Appeals for the Third Circuit · 1993
  3. Bankr. L. Rep. P 71,991 Chester D. Williamson v. Fireman's Fund Insurance CompanyCourt of Appeals for the Fourth Circuit · 1987
  4. In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YonikusCourt of Appeals for the Seventh Circuit · 1992
  5. In the Matter of Harold Paul Chastant, Jr., Debtor. Felix Octave Pavy v. Harold Paul Chastant, Jr.Court of Appeals for the Fifth Circuit · 1989

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