Legal Opinion
Zeunert v. Brink (In Re Brink)
United States Bankruptcy Court, W.D. Wisconsin
Decided February 4, 1983No. 1-18-13665PublishedCited by 19 opinions
1Opinion of the Court
DECISION DENYING SUMMARY JUDGMENT
ROBERT D. MARTIN, Bankruptcy Judge.
Plaintiff has moved for summary judgment in the action under 11 U.S.C. § 523(a)(2) on the basis of a default judgment entered in an Illinois trial court on claims of fraud. No evidence of the alleged fraud was produced in that Illinois action and none has been made a part of the record on which this motion is to be decided.
This court has previously held that neither res judicata nor collateral estoppel is applicable to dischargeability questions, stating in In Re Trewyn, 12 B.R. 543, 545 (Bkrtcy.W.D.Wis.1981):
What is required…
2Cases cited8 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- In Re John Houtman and Gladys Irene Houtman, Bankrupts. John Houtman and Gladys Irene Houtman v. Edgar F. Mann and Edna M. Mann, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1978
- In Re Giuseppe Matera, Bankrupt. Peter Carini v. Giuseppe MateraCourt of Appeals for the Seventh Circuit · 1979
- Car Village Buick-Opel, Inc. v. DeRosa (In Re DeRosa)United States Bankruptcy Court, S.D. New York · 1982
- MA&M Inc. v. Supple (In Re Supple)United States Bankruptcy Court, D. Connecticut · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In the Matter of Robert Oneal Bogstad, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1985
- Norwest Card Services v. Barnacle (In Re Barnacle)United States Bankruptcy Court, D. Minnesota · 1984
- Bishop v. Herwig (In Re Herwig)United States Bankruptcy Court, S.D. Illinois · 1987
- Taylor v. Kaufmann (In Re Kaufmann)United States Bankruptcy Court, E.D. Wisconsin · 1986
- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
14 more not listed; retrieve them via the Exa API.