· 5/2/1997
Jodoin v. Samayoa (In Re Jodoin)
Citations
- 209 B.R. 132
- 97 Cal. Daily Op. Serv. 4725
- 97 Daily Journal DAR 8474
- 38 Collier Bankr. Cas. 2d 163
- 1997 Bankr. LEXIS 765
- 1997 WL 307956
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the appellant’s failure to object to argument and evidence related to a cause of action not stated in the complaint constituted an implied acceptance of the bankruptcy court’s resolution of the issue
- noting that the test is properly applied when it weighs the prospective income that the debtor should earn
- reviewing the three approaches to the burden of proof, collecting cases, choosing the majority position
- reviewing the three approaches to the burden of proof, collecting cases, choosing the majority position
- taking into consideration the prospective income that a debtor should earn
- “the appropriate time to apply [523(a)(2)(A) ] is at the time of trial and not at the time of the filing of the petition”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ryan, Ollason, Hagan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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