Legal Opinion

Alsan Corp. v. DiPierro (In Re DiPierro)

United States Bankruptcy Court, W.D. Pennsylvania

Decided January 2, 1987No. 19-20280PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Presently before the Court is Plaintiffs, Best Western Motor Lodge (hereinafter “Best Western”), Complaint To Determine Dischargeability Of Debt. As the Supreme Court of the United States has previously determined that the doctrine of res judicata does not prevent a bankruptcy court from going behind a state court judgment to determine whether a debt is non-dischargeable, the issues before this Court are whether the doctrine of collateral es-toppel is applicable, and whether an individual can agree, pre-petition, to a waiver of the…

2Cases cited13 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. Gleason v. ThawSupreme Court of the United States · 1915
  3. In the Matter of Gerald J. Ross, Also Known as Jerry Ross, Bankrupt. Gerald J. RossCourt of Appeals for the Third Circuit · 1979
  4. Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976
  5. In the Matter of John Smith McMillan John S. McMillan John McMillan Bankrupt. (D. C. No. B-75-150 in Bankruptcy) in the Matter of Mary McMillan Bankrupt. (D. C. No. B-75-151 in Bankruptcy) Appeal of Freedom Finance Co., IncCourt of Appeals for the Third Circuit · 1978

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3Cited by11 opinions

  1. Tatge v. Tatge (In Re Tatge)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  2. B.K. Medical Systems, Inc. Pension Plan v. Roberts (In Re Roberts)United States Bankruptcy Court, W.D. Pennsylvania · 1987
  3. Doug Howle's Paces Ferry Dodge, Inc. v. Ethridge (In Re Ethridge)United States Bankruptcy Court, M.D. Georgia · 1987
  4. Giaimo Ex Rel. Estate of Chase v. Detrano (In Re Detrano)United States Bankruptcy Court, E.D. New York · 1998
  5. Marra v. Kroen (In Re Kroen)United States Bankruptcy Court, D. New Jersey · 2002

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