Legal Opinion
Matter of Garner
Court of Appeals for the Fifth Circuit
Decided June 29, 1995No. 94-40688PublishedCited by 68 opinions
1Opinion of the Court
KING, Circuit Judge:
In this case, we are confronted with questions surrounding the preclusive effect of a state court judgment on the dischargeability of a debt in a subsequent federal bankruptcy proceeding. In 1988, Kenneth E. Lehrer filed suit against William L. Garner in Texas state court. Garner answered Lehrer’s petition, but Garner failed to respond to Lehrer’s request for admissions. The trial of the state court suit was held in November of 1990. Although Garner failed to appear for trial, the court heard evidence and entered a judgment in favor of Lehrer. Subsequently, Garner sought…
2Cases cited18 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Stoner v. ThompsonTexas Supreme Court · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
- Winters v. Diamond Shamrock Chemical Co.Court of Appeals for the Fifth Circuit · 1998
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- In Re Michael Anthony Stelluti and Joanne Stelluti, Debtors. Navistar Financial Corporation v. Michael Anthony Stelluti, Joanne StellutiCourt of Appeals for the Second Circuit · 1996
- In the Matter Of: Bruce Barton Schwager, Debtor. Bruce Barton Schwager v. Meyer Fallas Fred Fallas William Cramer Malcolm MarcoeCourt of Appeals for the Fifth Circuit · 1997
63 more not listed; retrieve them via the Exa API.