Pulley v. Langfitt (In re Pulley)
Pulley v. Langfitt (In re Pulley)
Opinion of the Court
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
THIS CAUSE is before the Court upon the debtor plaintiffs Motion for Summary Judgment, filed on April 14, 1995, to which the defendant has failed to respond.
In July 1993, the creditor Jerry Langfitt obtained a judgment against the debtor in the amount of $131,360.61 from the Superior Court of the State of California. Purportedly unaware of this debt, the debtor did not list this debt on his bankruptcy petition, filed on May 11, 1993.
While it is true that an imposition of punitive damages will support a finding that
ORDERED that the Motion for Summary Judgment, filed by the debtor on April 14, 1995, is DENIED.
IT IS SO ORDERED.
. The fact that defendant’s counsel has moved to withdraw as counsel does not relieve him of the duty to represent his client until such time as an Order is entered granting permission to withdraw as counsel.
. Inasmuch as the judgment was not entered until after the bankruptcy case was filed, it is presumptively "invalid." See Reichenbach v. Kizer (In re Reichenbach), 174 B.R. 997 (Bankr.E.D.Ark. 1994), appeal filed, No. 5-95cv48 (E.D.Ark. filed Dec. 15, 1994). Thus, it does not appear that collateral estoppel would apply.
Reference
- Full Case Name
- In re Jimmy Ray PULLEY. Jimmy Ray PULLEY v. Jerry LANGFITT
- Status
- Published