Legal Opinion
Cousatte v. Lucas (In Re Lucas)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided October 20, 2003No. BAP No. KS-02-088, Bankruptcy No. 01-12092-7, Adversary No. 01-5116PublishedCited by 18 opinions
1Opinion of the Court
OPINION
McFEELEY, Chief Judge.
Orvey R. Cousatte, Plaintiff/Appellant (“Cousatte”) appeals a judgment by the United States Bankruptcy Court for the District of Kansas. Cousatte argues that the bankruptcy court erred when it dismissed his Complaint that a state court judgment debt was nondisehargeable under 11 U.S.C. § 523(a)(4). 1 Alternatively, Cousatte argues that the bankruptcy court erred when it did not consider the issue of whether a Kansas state court finding of undue influence created a constructive trust. We affirm on the first issue and remand on the second issue.
I. Background
Imogene…
2Cases cited14 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
- Cunningham v. BrownSupreme Court of the United States · 1924
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Marks v. Hentges (In Re Hentges)United States Bankruptcy Court, N.D. Oklahoma · 2007
- William Wagner v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2015
- DRCK, LLC v. Chong (In re Chong)United States Bankruptcy Court, D. Colorado · 2014
- Cousatte v. LucasCourt of Appeals of Kansas · 2006
- Duggins v. Bratt (In re Bratt)United States Bankruptcy Court, D. Kansas · 2013
13 more not listed; retrieve them via the Exa API.