Legal Opinion
In re McMillan
Court of Appeals for the Third Circuit
Decided June 21, 1978No. 77-1566PublishedCited by 73 opinions
1Opinion of the Court
OPINION
WEBER, District Judge.
This case raises the question of whether a bankrupt’s creditor has made a prima facie case that his claim is nondischargeable under 11 U.S.C. § 35(a)(2) (Supp.1977)1 by introducing into evidence only the state court record and default judgment grounded in fraud.2
*291Appellees John and Mary McMillan filed voluntary petitions in bankruptcy on January 27, 1975, and were duly adjudicated bankrupt and released from all dischargea-ble debts. On April 2, 1975, the appellant, Freedom Finance Company, filed in bankruptcy court a complaint which sought to have the McMillans’…
2Cases cited4 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- In the Matter of William Albert Talor, AKA William A. Taylor, Bankrupt Public Finance Corporation of Redlands v. William A. TaylorCourt of Appeals for the Ninth Circuit · 1975
- Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976
- In the Matter of Gordon Irving Wright, Bankrupt. Gordon Irving Wright, Bankrupt-Appellant v. George Lubinko, Creditor-AppelleeCourt of Appeals for the Ninth Circuit · 1975
3Cited by73 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, LimitedCourt of Appeals for the Eleventh Circuit · 1995
- In Re Giuseppe Matera, Bankrupt. Peter Carini v. Giuseppe MateraCourt of Appeals for the Seventh Circuit · 1979
- In Re Charles Barry Rahm, Bankrupt. Ronald E. Gregg v. Charles Barry RahmCourt of Appeals for the Ninth Circuit · 1981
- Great American Insurance v. Graziano (In Re Graziano)United States Bankruptcy Court, E.D. New York · 1983
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