Legal Opinion
Cappella v. Little (In Re Little)
United States Bankruptcy Court, E.D. Michigan
Decided February 3, 1994No. 19-42392PublishedCited by 27 opinions
1Opinion of the Court
OPINION ON BURDEN OF PROOF UNDER § 528(a)(4)
ARTHUR J. SPECTOR, Bankruptcy Judge.
On April 29,1993, the Debtor filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. The Plaintiff was listed in the Debtor’s Schedule F as holding an unsecured nonpriority claim. The Plaintiff timely sued the Debtor for a determination that the debt, which was reduced to judgment in state court, is not dischargeable in bankruptcy by virtue of 11 U.S.C. § 523(a)(4).
Section 523(a)(4) states in pertinent part that “[a] discharge ... does not discharge an individual debtor from any debt— ... (4)…
2Cases cited36 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- Dick v. New York Life InsuranceSupreme Court of the United States · 1959
- Putnam Resources v. Ronald M. Pateman, Ronald M. Pateman v. Frenkel & Company, Inc.Court of Appeals for the First Circuit · 1992
- In Re Interstate Agency, Inc.Court of Appeals for the Sixth Circuit · 1985
31 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Jeannie Niles, Debtor. Rita G. Otto v. Jeannie NilesCourt of Appeals for the Ninth Circuit · 1997
- In Re StorieBankruptcy Appellate Panel of the Tenth Circuit · 1997
- Caldwell v. Hanes (In Re Hanes)United States Bankruptcy Court, E.D. Virginia · 1997
- Shafer Redi-Mix, Inc. v. CraftDistrict Court, W.D. Michigan · 2009
- Behler-Young Co. v. Cousino (In Re Cousino)United States Bankruptcy Court, N.D. Ohio · 2006
22 more not listed; retrieve them via the Exa API.