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· 2/21/1997

In Re: James A. Brady, Debtor. James A. Brady v. Donald T. McAllister

Citations

  • 101 F.3d 1165

How courts have described this case

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

  • finding that a chapter 7 trustee is a “party in interest” who may move for an extension of time pursuant to Rule 4007(c) within which creditors may file a non-dischargeability complaint
  • affirming the finding that debtor obtained money when the misrepresentation infused a corporation that debtor controlled with $40,000.00
  • affirming the lower court's determination that a debtor \who controlled and was the president of the recipient of creditor's diverted funds\ profited from the transfer to sufficiently satisfy the first § 523(a)(2)(A) element
  • “Likewise, 11 U.S.C. §523(c)(1) allows creditors to request determinations regarding the dischargeability of certain debts.”
  • “We therefore reject debtor’s implication that a debt is non-dischargeable under section 523(a)(2)(A) only when the creditor proves that the debtor directly and personally received every dollar lost by the creditor.”
  • “We therefore reject debtor’s implication that a debt is nondischargeable under section 523(a)(2)(4) only when the creditor proves that the. debtor directly and personally received every dollar lost by the creditor.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Daughtrey, Weis

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.