Legal Opinion
Murphey v. Crater (In Re Crater)
United States Bankruptcy Court, D. Arizona
Decided December 17, 2002No. Bankruptcy No. 01-12851-PHX-RJH, Adversary No. 02-00007PublishedCited by 22 opinions
1Opinion of the Court
OPINION RE: OBJECTION TO DISCHARGE
RANDOLPH J. HAINES, Bankruptcy Judge.
This case concerns an objection to discharge due to the debtors’ prebankruptcy sale of an asset and use of the proceeds to increase an exemption. The objecting creditor seeks summary judgment on his objection to discharge. Because the Court finds the undisputed facts do not establish any improper intent to hinder, delay or defraud creditors, other than an intent to utilize available exemptions when the need to do so became evident, the motion for summary judgment is denied.
Facts
The following facts are undisputed.
On July…
2Cases cited31 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Provenz v. MillerCourt of Appeals for the Ninth Circuit · 1996
- Coder v. ArtsSupreme Court of the United States · 1909
- Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
26 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Finkel v. Polichuk (In re Polichuk)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Ng v. Adler (In re Adler)United States Bankruptcy Court, E.D. New York · 2013
- In Re McNabbUnited States Bankruptcy Court, D. Arizona · 2005
- Martin Marietta Materials Southwest, Inc. v. Lee (In Re Lee)United States Bankruptcy Court, W.D. Texas · 2004
- In Re GlunkUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
17 more not listed; retrieve them via the Exa API.