Legal Opinion

Baldwin v. Kilpatrick (In Re Baldwin)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 7, 2000No. BAP No. NC-99-1446. Bankruptcy No. 98-12651 AJ. Adversary No. 98-1230 AJPublishedCited by 37 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

In May 1997, Zachary Kilpatrick obtained a state court default judgment (the “Judgment”) against Billy Baldwin (“Debt- or”) and three other defendants for assault and battery. After Debtor filed a chapter 7 1 bankruptcy petition, Kilpatrick filed a complaint (the “Complaint”) to determine the Judgment nondischargeable under § 523(a)(6).

Kilpatrick filed a motion for summary judgment (the “Motion”), contending that (1) the elements required to establish non-dischargeability under § 523(a)(6) were established by giving collateral estoppel effect to the Judgment or,…

2Cases cited21 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  4. In Re: Seymour Markowitz, Debtor. Seymour Markowitz v. Carolyn CampbellCourt of Appeals for the Sixth Circuit · 1999
  5. United States v. Rosario Montoya, United States of America v. Filiberto E. MontoyaCourt of Appeals for the Ninth Circuit · 1995

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

3Cited by37 opinions

  1. In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
  2. In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
  3. Gonzalez v. Moffitt (In Re Moffitt)Bankruptcy Appellate Panel of the Sixth Circuit · 2000
  4. KMK Factoring, L.L.C. v. McKnew (In Re McKnew)United States Bankruptcy Court, E.D. Virginia · 2001
  5. ABF, Inc. v. Russell (In Re Russell)United States Bankruptcy Court, N.D. Indiana · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API