Legal Opinion

Yust v. Henkel (In re Henkel)

United States Bankruptcy Court, S.D. Ohio

Decided April 19, 2013No. Bankruptcy No. 11-15578; Adversary No. 11-01215PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION GRANTING PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIMS AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

Prior to the petition date, the creditor obtained a default judgment in state court against the debtor’s company for breach of contract and against the debtor and his company for fraud related to a construction contract. The debtor appealed the entry of the default judgment to the state appellate court, which court affirmed the judgment. The creditor filed this adversary proceeding seeking a determination that the default judgment is…

2Cases cited50 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  3. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  4. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  5. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984

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3Cited by15 opinions

  1. Smith v. Lerner, Sampson & Rothfuss, L.P.A.Court of Appeals for the Sixth Circuit · 2016
  2. Launder v. Doll (In re Doll)United States Bankruptcy Court, N.D. Ohio · 2018
  3. Schmidt v. Panos (In re Panos)United States Bankruptcy Court, S.D. Ohio · 2017
  4. Duley v. Thompson (In re Thompson)United States Bankruptcy Court, S.D. Ohio · 2015
  5. CMCO Mortgage, LLC v. Hill (In re Hill)United States Bankruptcy Court, W.D. Kentucky · 2015

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