Legal Opinion
In Re Ford
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 16, 1995No. 19-10595PublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Chief Judge.
A. INTRODUCTION
The instant matter requires us to decide whether this bankruptcy court may entertain, de novo, the issue of a creditor’s right to a post-discharge setoff under 11 U.S.C. § 553, after that issue has already been decided adversely to the Debtor by a state court. We conclude that the state court properly exercised its jurisdiction, concurrent with that of this court, to decide this issue. As a result, we find that the state-court resolution of the issue is binding on this court. We therefore will deny the motion of the Debtor to hold the…
2Cases cited27 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- In Re Paul Chris Gianakas, Debtor. Karen Gianakas v. Paul Chris GianakasCourt of Appeals for the Third Circuit · 1990
- United States of America, Acting Through the Agricultural Stabilization and Conservation Service v. Willis R. GerthCourt of Appeals for the Eighth Circuit · 1993
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3Cited by8 opinions
- Halas v. PlatekDistrict Court, N.D. Illinois · 1999
- Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)United States Bankruptcy Court, S.D. New York · 2015
- Bryer v. Hetrick (In Re Bryer)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re WhittenUnited States Bankruptcy Court, D. Massachusetts · 1996
- In Re IzziUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
3 more not listed; retrieve them via the Exa API.