Legal Opinion
Costa v. Welch (In Re Costa)
United States Bankruptcy Court, E.D. California
Decided September 14, 1994No. 19-10357PublishedCited by 40 opinions
1Opinion of the Court
MEMORANDUM DECISION
CHRISTOPHER M. KLEIN, Bankruptcy Judge.
What is a law-abiding bank to do? It obeyed state law and froze $541 when served with a facially valid writ of execution. Now the debtor demands that the bank pay $10,-000 in punitive damages on the theory that honoring a writ of execution violated the bankruptcy discharge injunction with respect to a debt that the debtors had intentionally omitted from their bankruptcy schedules.
The procedure and remedies applicable in the unlisted creditor scenario need to be specified so that debtors, creditors, and those caught in the cross fire…
2Cases cited44 opinions
- Cort v. AshSupreme Court of the United States · 1975
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988
- Suter v. Artist M.Supreme Court of the United States · 1992
- Kalb v. FeuersteinSupreme Court of the United States · 1940
39 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Fidelity National Title Insurance v. Franklin (In Re Franklin)United States Bankruptcy Court, E.D. California · 1995
- Lone Star Security & Video, Inc. v. Gurrola (In Re Gurrola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
35 more not listed; retrieve them via the Exa API.