Legal Opinion
Stewart v. Stewart
Bankruptcy Appellate Panel of the First Circuit
Decided November 1, 2018No. BAP NO. NH 17-038; Bankruptcy Case No. 15-10250-BAH; Adversary Proceeding No. 15-01032-BAHPublishedCited by 4 opinions
1Per curiam
*419Homeowners, Sheila DeWitt and Joseph DeWitt (collectively, the "DeWitts"), appeal from the bankruptcy court's Memorandum Opinion and Final Judgment (collectively, the "Judgment") determining that the obligation allegedly owed to them by their builder, Edward T. Stewart, Jr. ("Stewart"), is dischargeable in bankruptcy.2 The DeWitts contend that the bankruptcy court should have excepted Stewart's alleged obligation from discharge pursuant to § 523(a)(2)(A) and § 523(a)(6).3 The record establishes that the DeWitts satisfied their burden of proving: (1) all of the necessary elements for a claim…
2Cases cited32 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Field v. MansSupreme Court of the United States · 1995
- Bullard v. Blue Hills BankSupreme Court of the United States · 2015
- Husky International Electronics, Inc. v. RitzSupreme Court of the United States · 2016
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
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3Cited by4 opinions
- Dewitt v. StewartCourt of Appeals for the First Circuit · 2020
- McGuinness v. Gannon (In re Gannon)United States Bankruptcy Court, D. Massachusetts · 2019
- Executive Office of Health & Human Services v. KuppersteinUnited States Bankruptcy Court, D. Massachusetts · 2019
- United States v. LarsonCourt of Appeals for the First Circuit · 2020