Legal Opinion
Clark v. Zwanziger (In Re Zwanziger)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided April 3, 2012No. BAP No. WO-11-080. Bankruptcy No. 09-15036. Adversary No. 09-01195PublishedCited by 5 opinions
1Opinion of the Court
BROWN, Bankruptcy Judge.
The issue before this Court is whether an appellate decision and accompanying remand instruction issued in prepetition litigation between Plaintiffs-Appellees and Debtor-Appellant have preclusive effect in a later nondischargeability proceeding in the bankruptcy court. The appellate decision issued by the Tenth Circuit affirmed a federal district court judgment that found Debtor committed fraud, but reversed on the issue of fraud damages and remanded for a new trial on that issue. The Tenth Circuit held that the Plaintiffs had waived any claim for emotional distress…
2Cases cited32 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- New Hampshire v. MaineSupreme Court of the United States · 2001
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Brown v. FelsenSupreme Court of the United States · 1979
- Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
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3Cited by5 opinions
- Clark v. ZwanzigerCourt of Appeals for the Tenth Circuit · 2014
- Clark v. ZwanzigerCourt of Appeals for the Tenth Circuit · 2014
- Clark v. ZwanzigerCourt of Appeals for the Tenth Circuit · 2014
- Clark v. Zwanziger (In Re Zwanziger)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- EnTitle Insurance v. Durling (In re Durling)United States Bankruptcy Court, D. Utah · 2013