You are here

Opinion 14

Case Name: 

Burkehart v. Polychronis (In re Polychronis)

Judge: 
Judge Mabey
Date: 
Jun-3-1980
Case Number(s): 
79-0032
Status: 

UNPUBLISHED

Body: 

Plaintiff filed a negligence complaint against debtor in state court on the last day of the limitations period. Debtor subsequently filed a bankruptcy petition, listing plaintiff as a creditor. Plaintiff filed a complaint in the bankruptcy case, alleging non-dischargeability of her claim under 11 U.S.C. § 35a(8). Debtor moved for summary judgment, asserting plaintiff's claim was barred by the statute of limitations. The court disagreed, concluding that plaintiff's claim was based on her timely filed state complaint, and that it had jurisdiction to litigate that claim or grant relief from stay to allow plaintiff to continue litigating it in state court. The fact that her state claim was based on negligence was irrelevant, since jurisdiction to determine the dischargeability of that claim was exclusively in the bankruptcy court. Based on plaintiff's preference, the court retained the case for both the amount and the dischargeability of her claim.

Internal Ref: 
Opinion 14
File: