Lopez v. Emergency Service Restoration, Inc. (In Re Lopez)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JAROSLOVSKY, Bankruptcy Judge.
On summary judgment, the bankruptcy court conflated the so-called Rooker-Feld-man doctrine with rules of claim and issue preclusion and thought it lacked authority to make an independent determination of whether a debt based on a state court judgment was excepted from discharge under 11 U.S.C. § 523(a)(6). We hold Rook-er-Feldman is irrelevant to preclusion analysis, which entails a two-step process in which a trial court first determines the legal question of whether preclusion is available to be applied, and in the second step, a trial court is required…
2Cases cited39 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Brown v. FelsenSupreme Court of the United States · 1979
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3Cited by51 opinions
- Heers v. Parsons (In Re Heers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- Herrera v. Scott (In re Scott)United States Bankruptcy Court, D. Idaho · 2018
- In Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin, and Indymac Bank Fsb, in Re John Alan Harbin, Debtor. Jeffrey Sherman v. John Alan Harbin Indymac Bank FsbCourt of Appeals for the Ninth Circuit · 2007
- Houng v. Tatung Co.District Court, C.D. California · 2013
- Child v. Foxboro Ranch Estates, LLC (In re Child)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
46 more not listed; retrieve them via the Exa API.