Legal Opinion

McCallum v. Pixley (In Re McCallum)

United States Bankruptcy Court, E.D. Michigan

Decided October 18, 2011No. 19-40727PublishedCited by 33 opinions

1Opinion of the Court

OPINION REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

THOMAS J. TUCKER, Bankruptcy Judge.

This adversary proceeding raises collateral estoppel issues. These include the question whether, under Michigan law, a “true default” judgment (i e., one entered without the defendant having participated in defending the case,) is entitled to any preclusive effect in a later lawsuit between the same parties. The Court answers this question “yes.” The remaining issues arise in the Court’s application of collateral estoppel to the default judgment in this case.

The case is before the Court on Plaintiffs…

2Cases cited61 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Kawaauhau v. GeigerSupreme Court of the United States · 1998

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3Cited by33 opinions

  1. Schubiner v. Zolman (In re Schubiner)United States Bankruptcy Court, E.D. Michigan · 2018
  2. Lenchner v. Korn (In re Korn)United States Bankruptcy Court, E.D. Michigan · 2017
  3. Tweedie v. Hermoyian (In re Hermoyian)United States Bankruptcy Court, E.D. Michigan · 2012
  4. Taleb v. Kramer (In re Kramer)United States Bankruptcy Court, E.D. Michigan · 2015
  5. Dantone v. Dantone (In re Dantone)Bankruptcy Appellate Panel of the Sixth Circuit · 2012

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