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Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation
Staff Report//August 5, 2019//
Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation
Staff Report//August 5, 2019//
Debtor appealed the dismissal of his adversary proceeding and the denial of his post-dismissal motion. The bankruptcy court had dismissed debtor’s proceeding, concluding that it was an improper collateral attack on prior rulings.
Where debtor’s adversary proceeding attempted to re-litigate the dischargeability of a loan obligation, which had been previously ruled by the bankruptcy court as enforceable, the bankruptcy court correctly dismissed the proceeding.
Judgment is affirmed.
In re: Raynor (MLW No. 73646/Case No. 19-6010 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Schermer, J.) Appealed from U.S. Bankruptcy Court, District of Nebraska, Saladino, J
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