Legal Opinion

Gober v. Terra + Corporation

Court of Appeals for the Fifth Circuit

Decided December 10, 1996No. 96-10063PublishedCited by 267 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

This case presents the question of whether a state court default judgment entered as a sanction for discovery abuse is entitled to issue preclusive effect in á subsequent bankruptcy proceeding to determine the dis-chargeability of the judgment debt. In 1992, Appellee Terra + Corporation (“Terra”) filed a complaint in bankruptcy court against Debtor-Appellant, Terry M. Gober, objecting to discharge of a judgment it had obtained against Gober in Texas state court in 1983. The bankruptcy court collaterally estopped Gober from relitigating issues determined in the…

2Cases cited76 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  4. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  5. Bull v. United StatesSupreme Court of the United States · 1935

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

3Cited by267 opinions

  1. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  2. Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
  3. North Cypress Medical Center Operating Co. v. Cigna HealthcareCourt of Appeals for the Fifth Circuit · 2015
  4. New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
  5. Paradigm Oil, Inc. v. Retamco Operating, Inc.Texas Supreme Court · 2012

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