United States First Circuit

In a breach of contract action, district court's judgment against defendant is affirmed where the discharge of liability from defendant's earlier bankruptcy discharge did not include plaintiff's claims against defendant, as defendant failed to list plaintiff's claim and Bankruptcy Code sec. 523(a)(3) makes listing the claim a condition of discharge.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, STAHL and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John E. Zajac with whom Carmichael & Zajac, P.C. were on brief, for appellant.


• For Appellees:
  
• Steven Shane Smith with whom Francis A. Shannon, III and Shannon Law Associates, Inc. were on brief, for appellee.