Legal Opinion

Waag v. Permann (In Re Waag)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 14, 2009No. BAP No. OR-08-1339-MoJuR. Bankruptcy No. 08-32547-ELP. Adversary No. 08-03172-ELPPublishedCited by 27 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge:

This appeal presents the panel with an issue of first impression in the Ninth Circuit: Does 11 U.S.C. § 1328(a)(4), 3 which excepts from discharge certain debts for “restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury,” require that a judgment for damages be rendered prior to the petition date? Concluding that section 1328(a)(4) does not require the existence of a prepetition judgment, the bankruptcy court denied the debtor’s motion to dismiss a nondischargeability adversary proceeding against him.…

2Cases cited15 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  4. Crandon v. United StatesSupreme Court of the United States · 1990
  5. Donald L. Meek v. County of Riverside, and Albert J. Wojcik, Judge, Riverside Municipal Court Rodney Walker, Judge, Riverside Municipal CourtCourt of Appeals for the Ninth Circuit · 1999

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3Cited by27 opinions

  1. Adams v. Adams (In re Adams)United States Bankruptcy Court, N.D. Georgia · 2012
  2. Seubert v. Deluty (In re Deluty)United States Bankruptcy Court, E.D. New York · 2015
  3. B.B. v. Grossman (In re Grossman)United States Bankruptcy Court, E.D. California · 2015
  4. Reed v. Owens (In Re Owens)United States Bankruptcy Court, E.D. Virginia · 2011
  5. Jennings v. Bodrick (In re Bodrick)United States Bankruptcy Court, S.D. Ohio · 2014

22 more not listed; retrieve them via the Exa API.

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