Legal Opinion

In Re Ellis

United States Bankruptcy Court, D. Massachusetts

Decided June 21, 2006No. 05-60106PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is the “Debtor’s Objection to Proof of Claim filed by Midland States Life Insurance Company” (the “Objection”) filed by Donna M. Ellis (the “Debtor”). The contested issue is whether a default judgment obtained against the Debtor in state court may be collaterally attacked, through the bankruptcy claims objection process, on grounds that the underlying claim is void as against public policy.

I. FACTS AND TRAVEL OF THE CASE

The material facts are uncontested.

In November of 1993, the Debtor purchased a winning lottery ticket…

2Cases cited30 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  4. New Hampshire v. MaineSupreme Court of the United States · 2001
  5. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984

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3Cited by6 opinions

  1. Torres Martinez v. Arce (Torres Martinez)Bankruptcy Appellate Panel of the First Circuit · 2008
  2. Bailey v. Wells Fargo Bank, NAUnited States Bankruptcy Court, D. Massachusetts · 2012
  3. In Re BaileyUnited States Bankruptcy Court, D. Massachusetts · 2012
  4. In Re BurkeUnited States Bankruptcy Court, D. Massachusetts · 2006
  5. Milliren v. Milliren (In Re Milliren)Bankruptcy Appellate Panel of the First Circuit · 2008

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