Legal Opinion

Osborne v. Stage (In Re Stage)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 10, 2005No. BAP 04-6055EMPublishedCited by 45 opinions

1Opinion of the Court

KRESSEL, Chief Judge.

This case has its origins in alienation of affections litigation in Missouri state court in which a jury awarded Appellee Gail Osborne a $50,000.00 judgment against Appellant Cynthia Marie Stage. Stage appeals from the order of the bankruptcy court granting summary judgment to Osborne based on collateral estoppel. The principal issue in this appeal is whether the state court judgment for alienation of affections established that Stage willfully and maliciously injured Osborne for purposes of 11 U.S.C § 523(a)(6). We conclude that it did not, and reverse.

BACKGROUND

Osborne…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Morissette v. United StatesSupreme Court of the United States · 1952
  4. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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3Cited by45 opinions

  1. Sells v. Porter (In Re Porter)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  2. GAF Holdings, LLC v. Rinaldi (In Re Farmland Industries, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2009
  3. KYMN, Inc. v. Langeslag (In Re Langeslag)United States Bankruptcy Court, D. Minnesota · 2007
  4. Murrin v. Scott (In Re Scott)United States Bankruptcy Court, D. Minnesota · 2009
  5. Kelley v. Opportunity Finance, LLC (In re Petters Co.)United States Bankruptcy Court, D. Minnesota · 2016

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