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Opinion 266

Case Name: 

Walker v. Wilde (In re Walker), 91 B.R. 968 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Sep-30-1988
Case Number(s): 
88PB-0356
Status: 

PUBLISHED
See 282.pdf

Body: 

In chapter 7 debtor's adversary proceeding against them for violating the automatic stay, creditors moved for annulment of the stay, relief from the discharge injunction, and either an order of non-dischargeability or an extension of time to file objections to dischargeability of their debt. The court held that creditors had failed to establish their claim that any violation by them of the automatic stay was only a good-faith technical violation. Therefore, creditors were not entitled to annul the stay in order to validate any technical violations of it. The court also concluded that, even if creditors' state court judgment against debtor, which was void because it was entered in violation of the automatic stay, were validated, the judgment's conclusions that debtor's actions constituted misrepresentations or deceptive practices were insufficient to support creditors' claim that debtor was precluded by collateral estoppel from challenging non-dischargeability of creditors' debt. Finally, debtor's failure to provide creditors' correct names and address in the bankruptcy, which caused them not to receive formal notice of debtor's petition filing, did not entitle creditors to an extension of time to object to dischargeability of their debt because creditors had actual knowledge of the bankruptcy filing. This decision was affirmed by the district court in 282.pdf.

Internal Ref: 
Opinion 266
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