Legal Opinion

Ford v. Darracott (In Re Ford)

United States Bankruptcy Court, N.D. Georgia

Decided December 8, 1983No. 19-51793PublishedCited by 27 opinions

1Opinion of the Court

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

Plaintiff-debtors in this adversary proceeding have requested a determination that certain debts, discharged as a result of a Chapter 7 bankruptcy, could not continue to give rise to a cause of action filed as a counterclaim by defendant-creditor. While this Court holds that the discharge of debts under Chapter 7 of the Bankruptcy Reform Act prohibits the creditor from engaging in collection efforts or seeking a judgment on those debts against the debtors in any later action, such debts may be used by the creditor defensively as a setoff of his…

2Cases cited4 opinions

  1. Matter of McGrawUnited States Bankruptcy Court, W.D. Wisconsin · 1982
  2. Waldschmidt v. Columbia Gulf Transmission Co. (In Re Fulghum Construction Corp.)United States Bankruptcy Court, M.D. Tennessee · 1982
  3. Slaw Construction Corp. v. Hughes Foulkrod Construction Co. (In Re Slaw Construction Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. Johnson v. Rutherford Hospital (In Re Johnson)United States Bankruptcy Court, M.D. Tennessee · 1981

3Cited by27 opinions

  1. Bankr. L. Rep. P 73,372 in Re Nathan Davidovich and Amy Jill Davidovich, Debtors. Nathan Davidovich and Christine Jobin, Trustee v. Charles WeltonCourt of Appeals for the Tenth Circuit · 1990
  2. In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
  3. In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001
  4. Camelback Hospital, Inc. v. Buckenmaier (In Re Buckenmaier)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  5. In Re Flagstaff Realty AssociatesCourt of Appeals for the Third Circuit · 1995

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