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Smith v. Radoff (In re Smith)

Smith v. Radoff (In re Smith)

Ruling
Creditor's unsecured judgment was voided by entry of discharge and could not be basis for recovery of debtor's property.
Procedural posture

Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, a judgment creditor, the creditor's successor in interest, the successor's attorney, the attorney's law firm, a receiver appointed by a state court, and others, after the receiver withdrew money from his bank account. The debtor, the receiver, and the law firm all filed summary judgment motions. The attorney and law firm also filed an emergency motion for a continuance.

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opinion summary, case decided on August 08, 2006 , LexisNexis #1106-030