Legal Opinion

Gilbert v. Brown (In Re Brown)

United States Bankruptcy Court, E.D. Tennessee

Decided October 4, 2006No. Bankruptcy No. 05-37230, Adversary No. 06-3111Published

1Opinion of the Court

MEMORANDUM ON MOTION TO DISMISS COMPLAINT

RICHARD STAIR, JR., Bankruptcy Judge.

This adversary proceeding is before the court upon the Complaint filed by the Plaintiff, Drew E. Gilbert, on July 12, 2006, as amended by the Amended Complaint filed on September 19, 2006 (collectively, Complaint). By the Complaint, the Plaintiff objects to the discharge of the Debtors pursuant to 11 U.S.C.A. § 727(a)(4)(A) and/or (5) (West 2004) or, in the alternative, seeks a determination that a judgment entered in his favor against the Debtors on May 26, 2005, in the Chancery Court for Knox County, Tennessee, be…

2Cases cited26 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Vivian J. Scheid v. Fanny Farmer Candy Shops, Inc.Court of Appeals for the Sixth Circuit · 1988
  4. Acito v. IMCERA Group, Inc.Court of Appeals for the Second Circuit · 1995
  5. In Re Benethel Rembert, Debtor. Benethel Rembert v. At & T Universal Card Services, Inc. Citibank South Dakota, N.A.Court of Appeals for the Sixth Circuit · 1998

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