Rajala v. Taylor (In re Taylor)
Bankruptcy Appellate Panel of the Tenth Circuit
1Opinion of the Court
OPINION
MICHAEL, Bankruptcy Judge.
At issue is a default judgment revoking the debtor’s discharge. The debtor does not argue that the default judgment was entered in violation of applicable statute, rule, or case law. Instead, she contends that grounds exist to vacate the default judgment, and asks this Court to do so. She has not asked the bankruptcy court to vacate the default judgment. Both parties to the appeal ask us to consider evidence and pleadings never presented to the bankruptcy court.
We fail to see how a court can commit error by failing to undertake a task never asked of it.…
2Cases cited15 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- E360 INSIGHT v. the Spamhaus ProjectCourt of Appeals for the Seventh Circuit · 2007
- Nielsen v. PriceCourt of Appeals for the Tenth Circuit · 1994
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3Cited by4 opinions
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