Everly v. 4745 Second Avenue, Ltd. (In Re Everly)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
KRESSEL, Chief Judge.
This case has its origins in arson and burglary at a strip club called Big Earl’s Goldmine. The debtor pled guilty to burglary and was ordered to pay $62,400.00 in restitution to Big Earl’s. The principle issue in this appeal is whether the bankruptcy court 1 abused its discretion when it denied the debtor’s motion for sanctions against the owners of the strip club for violating the discharge injunction when it brought a civil action in Iowa state court. We conclude that it did not and affirm.
BACKGROUND
On March 9, 1999, the debtor started a fire at Big Earl’s Goldmine…
2Cases cited12 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- In Re: Clara ClarkCourt of Appeals for the Eighth Circuit · 2000
- In Re AndersonUnited States Bankruptcy Court, D. Minnesota · 1987
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