Legal Opinion

Gertsch v. Johnson & Johnson, Finance Corp. (In Re Gertsch)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 30, 1999No. BAP No. CC-98-1288-BKMe. Bankruptcy No. LA 96-53197-SB. Adversary No. LA 97-02452-SBPublishedCited by 100 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

OVERVIEW

The bankruptcy court granted summary judgment, finding plaintiffs state court judgment nondischargeable under § 523(a)(2)(B) of the Bankruptcy Code 1 We AFFIRM, but vacate the judgment in part and remand for clarification that the bankruptcy court’s judgment is not an independent money judgment, but merely a determination that the state court’s judgment is excepted from discharge.

I. FACTS

Debtor/appellant Ronald Gertsch (“Gertsch”) is a general surgeon licensed to practice medicine in California. He operated his own practice from 1979 through at least…

2Cases cited31 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
  3. Field v. MansSupreme Court of the United States · 1995
  4. Provenz v. MillerCourt of Appeals for the Ninth Circuit · 1996
  5. Kennedy v. Allied Mutual Insurance Co.Court of Appeals for the Ninth Circuit · 1991

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3Cited by100 opinions

  1. Khaligh v. Hadaegh (In Re Khaligh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. In re SassonCourt of Appeals for the Ninth Circuit · 2005
  3. SNTL Corp. v. Centre InsuranceCourt of Appeals for the Ninth Circuit · 2009
  4. An-Tze Cheng v. K & S Diversified Investments, Inc. (In Re An-Tze Cheng)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  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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