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· 7/25/2013

Hank Willms v. Rowe Sanderson, Iii

Citations

  • 723 F.3d 1094
  • 2013 WL 3823579
  • 2013 U.S. App. LEXIS 15187
  • 58 Bankr. Ct. Dec. (CRR) 58

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that we review for clear error the bankruptcy court’s factual findings
  • stating that the timely resolution of nondischargeability complaints balances bankruptcy’s competing goals of providing a fresh start for debtors and insuring that “relief intended for honest debtors does not go to dishonest debtors”
  • “A § 523 complaint focus[es] on the debtor’s prior dealings with an objecting creditor, rather than on actions which necessarily affect the rights of all creditors”
  • “[Section] 105(a) is not a ‘roving commission to do equity.’ A bankruptcy court’s equitable powers ‘must and can only be exercised within the confines of the Bankruptcy Code’” (citations omitted).

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, McKeown, Nguyen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.