Legal Opinion

In Re: Charles Michael Harmon, Debtor. Charles Michael Harmon v. Donald Kobrin

Court of Appeals for the Ninth Circuit

Decided May 9, 2001No. 18-55983PublishedCited by 186 opinions

1Opinion of the Court

BETTY B. FLETCHER, Circuit Judge:

We must decide whether the bankruptcy court was correct to give preclusive effect to an issue raised in a prior state court action. Because we conclude that the state court’s treatment of the issue in question does not satisfy California’s threshold requirements for the application of collateral estoppel, we reverse and remand for a nondischargeability proceeding.

Background

Donald Kobrin, a physician, and Charles Harmon, a pharmacist, worked at the same hospital in Lodi, California. Harmon invested in ostriches through one of his former employees, Rhonda de la…

2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. Lucido v. Superior CourtCalifornia Supreme Court · 1990
  4. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  5. People v. SimsCalifornia Supreme Court · 1982

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3Cited by186 opinions

  1. Neilson v. Union Bank of California, N.A.District Court, C.D. California · 2003
  2. In Re Gregory Dewitt Cantrell, DebtorCourt of Appeals for the Ninth Circuit · 2003
  3. Melissa Cook v. Cynthia HardingCourt of Appeals for the Ninth Circuit · 2018
  4. Khaligh v. Hadaegh (In Re Khaligh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. In re SassonCourt of Appeals for the Ninth Circuit · 2005

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

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