Meyer v. Asbury (In Re Asbury)
United States Bankruptcy Court, E.D. Missouri
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BARRY S. SCHERMER, Bankruptcy . Judge.
INTRODUCTION
Plaintiffs Motion for Summary Judgment in this adversary proceeding presents the issue of whether collateral estoppel precludes a debtor from litigating an issue in a bankruptcy court dischargeability action when a default judgement previously was entered against the debtor in a state court action. The Court holds that it does not.
JURISDICTION
This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151, 157, 1384 and Local Rule 9.01(B) of the United States District Court for…
2Cases cited27 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Grogan v. GarnerSupreme Court of the United States · 1991
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
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3Cited by9 opinions
- In the Matter of Gregory James Caton, Debtor. Gregory James Caton v. Kevin TrudeauCourt of Appeals for the Fifth Circuit · 1998
- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
- Clear Channel Outdoor, Inc. v. Nikitas (In Re Nikitas)United States Bankruptcy Court, N.D. Illinois · 2005
- KV Pharmaceutical Co. v. Harland (In Re Harland)United States Bankruptcy Court, E.D. Pennsylvania · 1999
- Sailor Music v. Walker (In re Walker)United States Bankruptcy Court, E.D. Missouri · 2012
4 more not listed; retrieve them via the Exa API.