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· 7/9/2012

Michael Ackerman v. Jose Eber

Citations

  • 687 F.3d 1123
  • 2012 WL 2690744

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 bankruptcy court presiding over the debtor’s case has exclusive jurisdiction to hear and resolve questions of nondischargeability under § 523(a)(2), (4) and (6)
  • recognizing that bankruptcy courts have “special expertise to decide” core matters (emphasis added)
  • holding that bankruptcy courts “have exclusive jurisdiction to determine dischargeability of debts under §§ 523(a)(2) (fraud and deception); (a)(4) (fiduciary fraud, embezzlement, or larceny); and (a)(6) (willful and malicious injury to person or property).”
  • holding that claims were core nondischargeability claims regardless of how they were pled and that “[allowing an arbitrator to decide issues that ai-e so closely intertwined with dischargeability would ‘conflict with the underlying purposes of the Bankruptcy Code.”
  • stating that “§ 524 does not enjoin creditors who have successfully invoked § 523, which provides a list of exceptions to discharge, from taking action”
  • allowing arbitrator to decide issues of dischargeability conflicts with the underlying purposes of the Bankruptcy Code

Source: CourtListener parenthetical corpus (CC0).

Judges: Kleinfeld, Smith, Marbley

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.