Legal Opinion

In Re James D. Kennedy, Jr., Debtor. Alan D. Cowen and Josephine Cowen v. James D. Kennedy, Jr.

Court of Appeals for the Ninth Circuit

Decided March 21, 1997No. 95-55536PublishedCited by 105 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the Bankruptcy Court has jurisdiction to enter a monetary judgment on a disputed state law claim in the course of making a determination that a debt is nondisehargeable.

I

In late 1988, James Kennedy, acting as both a developer and a broker, sought to sell a house to Alan and Josephine Cowen. In the course of negotiating the sale of the home, Kennedy made several representations about his previous construction experience, the quality of the workmanship, fixtures and details going into the house, that the house would be a “showplace” when…

2Cases cited16 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
  3. Bankr. L. Rep. P 75,430 in Re William J. McLaren Debtor. William Longo, Sr. v. William J. McLarenCourt of Appeals for the Sixth Circuit · 1993
  4. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  5. Bankr. L. Rep. P 74,355 in Re Robert Britton, Debtor. Robert Britton v. Mary PriceCourt of Appeals for the Ninth Circuit · 1991

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3Cited by105 opinions

  1. Johnson v. Riebesell (In Re Riebesell)Court of Appeals for the Tenth Circuit · 2009
  2. In re SassonCourt of Appeals for the Ninth Circuit · 2005
  3. Morrison v. Western Builders of Amarillo, Inc. (In Re Morrison)Court of Appeals for the Fifth Circuit · 2009
  4. Deitz v. FordCourt of Appeals for the Ninth Circuit · 2014
  5. In Re: Ransford Craig Heckert, Debtor. Ransford Craig Heckert, A/K/A R.C. Heck Heckert v. Harold L. DotsonCourt of Appeals for the Fourth Circuit · 2001

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