Legal Opinion

Garcino v. Noel

Court of Appeals of Mississippi

Decided October 23, 2012No. 2011-CP-00883-COAPublishedCited by 5 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. Ian Garcino seeks to collect a debt from his ex-wife. He argues the chancery court misapplied federal bankruptcy law to find the debt had been discharged — or erased — in his ex-wife’s bankruptcy case. But the issue is not whether the chancery court erroneously decided the debt was discharged. The issue is whether the bankruptcy court had already decided the debt was discharged — thereby binding the *472chancery court under the doctrine of res judicata.

¶ 2. We find the bankruptcy court decided that the debt was discharged when it dismissed Garcino’s adversary…

2Cases cited15 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. In the Matter of Maurice G. CROSSWHITE, Debtor-Appellee. Appeal of Terry Crosswhite GINTERCourt of Appeals for the Seventh Circuit · 1998
  3. Harrison v. Chandler-Sampson Ins., Inc.Mississippi Supreme Court · 2005
  4. Anderson v. LaVereMississippi Supreme Court · 2004
  5. EMC Mortgage Corp. v. CarmichaelMississippi Supreme Court · 2009

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

3Cited by5 opinions

  1. Till Derr v. Thomas SwarekCourt of Appeals for the Fifth Circuit · 2014
  2. Demetrius Johnson v. Erich Nichols, et al.District Court, S.D. Mississippi · 2026
  3. Judy Stovall v. Rocket Mortgage, LLCDistrict Court, N.D. Mississippi · 2026
  4. Till Derr v. Thomas SwarekCourt of Appeals for the Fifth Circuit · 2014
  5. Till Derr v. Thomas SwarekCourt of Appeals for the Fifth Circuit · 2014

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