In Re Toussaint
United States Bankruptcy Court, E.D. North Carolina
1Opinion of the Court
ORDER
J. RICH LEONARD, Bankruptcy Judge.
This matter comes before the court on the debtors’ motion for sanctions and attorney fees. A hearing was held on December 15, 1999 in Wilmington, North Carolina. For the reasons that follow, the debtors’ motion is denied. This court lacks subject matter jurisdiction to collaterally attack the state court’s judgment that construed the claim to be nondis-chargeable as to Cynthia B. Southall.
Facts
Debtors originally filed under chapter 13 on May 1,1995. They listed Thomas Sout-hall on schedule “F” of the original petition as holding a personal loan…
2Cases cited21 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
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- Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Fidelity National Title Insurance v. Franklin (In Re Franklin)United States Bankruptcy Court, E.D. California · 1995
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