Legal Opinion

Paine v. Griffin (In Re Paine)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 30, 2002No. BAP No. SC-02-1081-KMaKi. Bankruptcy No. 01-06861-PB7PublishedCited by 28 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from dismissal of an adversary proceeding filed by debtors seeking to have debts that were “excepted from discharge” on due process grounds in a prior bankruptcy declared to be dis-chargeable in a second chapter 7 case. Although the court shoehorned the prior judgments into 11 U.S.C. § 523(a)(10) notwithstanding that there was a discharge in the prior case, we hold that it is not necessary to find an independent basis for excepting the debts from discharge in the second case and AFFIRM based on res judicata principles.

We publish to emphasize…

2Cases cited21 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  4. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  5. Brown v. FelsenSupreme Court of the United States · 1979

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3Cited by28 opinions

  1. Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Houston v. Eiler (In Re Cohen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
  4. George v. City of Morro Bay (In Re George)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. County of Ventura Tax Collector v. Brawders (In Re Brawders)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005

23 more not listed; retrieve them via the Exa API.

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