Legal Opinion

Clarks Delivery, Inc. v. Moultrie (In Re Moultrie)

United States Bankruptcy Court, W.D. Washington

Decided July 11, 1985No. 15-43582PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SIDNEY C. VOLINN, Bankruptcy Judge.

INTRODUCTION

This is an adversary action to determine the dischargeability of a prepetition California judgment on claims for breach of contract and tortious procurement of such breach. Plaintiffs allege that the debt is under 11 U.S.C. § 523(a)(6) which excepts from discharge any debt for willful or malicious injury by the debtor to another entity.

Defendant seeks an order denying collateral estoppel effect to the California judgment which included an award to one of the plaintiffs of exemplary damages. Plaintiffs make a cross…

2Cases cited22 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  3. Brown v. FelsenSupreme Court of the United States · 1979
  4. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  5. Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981

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

3Cited by16 opinions

  1. In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
  2. In Re Mark Riso Shelly Riso, Debtors. Gary L. Snoke v. Mark Riso Shelly RisoCourt of Appeals for the Ninth Circuit · 1992
  3. Dodson v. Church (In Re Church)United States Bankruptcy Court, N.D. Texas · 1987
  4. Klingman v. Levinson (In Re Levinson)United States Bankruptcy Court, N.D. Illinois · 1986
  5. First National Bank of Boston v. Overmyer (In Re Overmyer)United States Bankruptcy Court, S.D. New York · 1985

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

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