Legal Opinion
Fidelity National Title Insurance v. Franklin (In Re Franklin)
United States Bankruptcy Court, E.D. California
Decided March 31, 1995No. 19-20555PublishedCited by 73 opinions
1Opinion of the Court
MEMORANDUM DECISION
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
This motion to transfer venue of an action removed from state court presents a poorly understood question regarding the concurrent jurisdiction of state and federal courts to determine whether particular debts are discharged in a bankruptcy case. Here, the debtor in his bankruptcy schedules omitted debts that are allegedly based on indemnification, contribution, negligent misrepresentation, and fraud and was sued post-bankruptcy in a fourteen-count, eight-defendant state court action. The debtor removed that action to federal court as…
2Cases cited26 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Brown v. FelsenSupreme Court of the United States · 1979
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
21 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
- Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- McCarthy v. Prince (In Re McCarthy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Van Sickle v. Hallmark & Associates, Inc.North Dakota Supreme Court · 2008
68 more not listed; retrieve them via the Exa API.