Legal Opinion

Tidewater Finance Co. v. Williams

District Court, D. Maryland

Decided May 9, 2006No. Civ.A. No.: RDB 05-2147PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

BENNETT, District Judge.

This case is before this Court on appeal from the Order of United States Bankruptcy Judge E. Stephen Derby granting summary judgment in favor of the Appel-lee-debtor Deborah Williams (“Williams”). Judge Derby determined that the mandatory six year period between discharges set forth in 11 U.S.C. § 727(a)(8) was not equitably tolled during three Chapter 13 cases that were filed by Williams after receiving a Chapter 7 discharge. This determination resolved Appellant Tidewater Finance Company’s (“Tidewater”) action, which was only viable if equitable…

2Cases cited25 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Young v. United StatesSupreme Court of the United States · 2002
  4. In Re: Merry-Go-Round Enterprises, Inc., Debtor. Deborah H. Devan v. Phoenix American Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 2005
  5. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999

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3Cited by16 opinions

  1. Tidewater Finance Co. v. WilliamsCourt of Appeals for the Fourth Circuit · 2007
  2. Singleton v. Countrywide Home Loans, Inc. (In Re Singleton)District Court, D. South Carolina · 2006
  3. DeNoce v. Neff (In Re Neff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. Rosen v. Kore Holdings, Inc. (In Re Rood)District Court, D. Maryland · 2011
  5. Mintec Corp. v. MitonDistrict Court, D. Maryland · 2008

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