Legal Opinion
Doughty v. Holt (In Re Doughty)
United States Bankruptcy Court, D. Maine
Decided April 23, 1996No. 19-20079PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES B. HAINES, Jr., Bankruptcy Judge.
In this action John M. Doughty, a discharged Chapter 7 debtor, seeks an order enforcing § 524’s discharge injunction to halt continuation of a state court tort suit that was instituted by Lisa and Mark Holt before his bankruptcy. 1 For the reasons set forth below, I conclude that although Doughty’s potential personal tort liability to the Holts has been discharged, they may continue prosecuting their state court action against him “in name only” in an effort to collect against such insurance proceeds as may be available.
The question…
2Cases cited22 opinions
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
- Kansas v. ColoradoSupreme Court of the United States · 1995
- First Fidelity Bank v. Raymond McAteer Helen McAteer Debtors. Robert M. Wood, Trustee. First Fidelity Bank, N.A.Court of Appeals for the First Circuit · 1993
- Susan Judd v. Lawrence Wolfe, Susan Judd, DebtorCourt of Appeals for the Third Circuit · 1996
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3Cited by3 opinions
- Pratt v. General Motors Acceptance Corp. (In Re Pratt)United States Bankruptcy Court, D. Maine · 2005
- Bearden v. Jackson (In Re Bearden)United States Bankruptcy Court, D. South Carolina · 2008
- Perez v. Cumberland Farms, Inc.District Court, D. Massachusetts · 1997