Legal Opinion

Clear Sky Properties, LLC v. Roussell (In Re Roussel)

Court of Appeals for the Eighth Circuit

Decided October 3, 2014No. 14-1150PublishedCited by 4 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Blake Roussel filed for bankruptcy under Chapter 7 of the Bankruptcy Code. In an adversary proceeding, the bankruptcy court refused to apply collateral estoppel to a state judgment. It found nearly all the debt dischargeable. On appeal, the district court 1 reversed. It found nearly all the debt nondischargeable, but remanded the attorney-fee debt (including costs and expenses). Roussel appeals, asserting the district court erred in determining he was barred by collateral estoppel, committed defalcation while acting as a fiduciary, and acted willfully and maliciously. He…

2Cases cited13 opinions

  1. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  2. Ray Haluch Gravel Co. v. Cent. Pension Fund of the Int'l Union of Operating Eng'rs & Participating Emp'rsSupreme Court of the United States · 2014
  3. In Re: Dorholt, Inc., Debtor. Dwight R.J. Lindquist, Trustee v. Marjorie DorholtCourt of Appeals for the Eighth Circuit · 2000
  4. In Re VEKCO, INC., Debtor. VEKCO, INC., Appellant, v. FEDERAL LAND BANK, AppelleeCourt of Appeals for the Eighth Circuit · 1986
  5. In Re Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2009

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

3Cited by4 opinions

  1. The Security National Bank of Sioux City, IA v. Vera T. Welte Testamentary TrustCourt of Appeals for the Eighth Circuit · 2024
  2. Blake Roussel v. Clear Sky Properties, LLCCourt of Appeals for the Eighth Circuit · 2016
  3. Leonard Truck & Trailer Inc. v. Leonard Buildings and Truck AccessoriesDistrict Court, N.D. Ohio · 2022
  4. Whether a Bankruptcy Judge's Appointment of a Special Master Would Violate Article III of the Constitution, Department of Justice Office of Legal Counsel2026

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