Legal Opinion
Hartnett v. Mustelier (In Re Hartnett)
United States Bankruptcy Court, S.D. Florida.
Decided September 9, 2005No. 17-17832PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
ROBERT A. MARK, Chief Judge.
Prior to the filing of this Chapter 7 case, a state court in Sarasota County, Florida, entered a final judgment against the Debt- or for child support. The state court denied Debtor’s motion to vacate the judgment as untimely, even though a DNA test established that the Debtor was not the father. The issue in this adversary is whether collateral estoppel bars the Debt- or from discharging this child support debt even though he is not the biological father.
Under, the unusual circumstances…
2Cases cited16 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Grogan v. GarnerSupreme Court of the United States · 1991
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wharton v. Shiver (In Re Shiver)United States Bankruptcy Court, S.D. New York · 2008
- Howard Alternatives, Inc. v. Bentov (In re Bentov)United States Bankruptcy Court, S.D. Florida. · 2014
- Interamerican Asset Management Fund Ltd. v. Ortega T. (In re Ortega T.)United States Bankruptcy Court, S.D. Florida. · 2017
- Flemm v. Trexler (In re Trexler)United States Bankruptcy Court, N.D. Georgia · 2015
- Barrett Residuary Trust v. Barrett (In Re Barrett)United States Bankruptcy Court, S.D. Florida. · 2009
5 more not listed; retrieve them via the Exa API.