Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The question in this appeal is whether a state court judgment can be collaterally attacked, or enjoined in enforcement, in federal court on the theory that it is void as violative of the bankruptcy discharge. We conclude that the bankruptcy court does have jurisdiction to enforce the discharge in the face of a contrary state court judgment. The bankruptcy court’s holding that it lacks such jurisdiction is REVERSED.
JURISDICTION
Jurisdiction was founded upon 28 U.S.C. § 1334(a). 28 U.S.C. § 157(b). We have jurisdiction under 28 U.S.C. § 158(c).
SUMMARY OF ISSUES
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2Cases cited21 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
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
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3Cited by82 opinions
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- In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Management, Debtor. Lon McGhan v. Jason RutzCourt of Appeals for the Ninth Circuit · 2002
- In Re DabrowskiUnited States Bankruptcy Court, S.D. New York · 2001
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