Legal Opinion
Sears, Roebuck & Co. v. Hernandez (In Re Hernandez)
United States Bankruptcy Court, W.D. Texas
Decided April 11, 1997No. 19-50201PublishedCited by 27 opinions
1Opinion of the Court
Decision on Complaint to Determine Dischargeability
LEIF M. CLARK, Bankruptcy Judge.
CAME ON a complaint by Plaintiff, Sears, Roebuck, & Company, to find certain debts incurred by debtors, Ramon & Carrie Hernandez, excepted from discharge under 11 U.S.C. §§ 523(a)(2)(A) and (a)(2)(C). For the reasons set forth below, the court finds that the plaintiffs claim for nondischargeability under § 523(a)(2)(A) (ie., that the debt was obtained by false pretenses, a false representation, or actual fraud) should be denied, because the plaintiff (Sears) has failed to establish certain necessary elements.…
2Cases cited32 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Gleason v. ThawSupreme Court of the United States · 1915
- McCarthy v. BronsonSupreme Court of the United States · 1991
- RecoverEdge L.P. v. PentecostCourt of Appeals for the Fifth Circuit · 1995
27 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- At&T Universal Card Services v. MercerCourt of Appeals for the Fifth Circuit · 2001
- Wright v. Minardi (In re Minardi)United States Bankruptcy Court, E.D. Texas · 2015
- At & T Universal Card Services v. Ellingsworth (In Re Ellingsworth)United States Bankruptcy Court, W.D. Missouri · 1997
- La Capitol Federal Credit Union v. Melancon (In Re Melancon)United States Bankruptcy Court, M.D. Louisiana · 1998
- FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
22 more not listed; retrieve them via the Exa API.