Legal Opinion
Gonzalez v. Moffitt (In Re Moffitt)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided September 20, 2000No. 00-8016PublishedCited by 69 opinions
1Opinion of the Court
OPINION
AUG, Bankruptcy Judge.
The Bankruptcy Court gave preclusive effect to a District Court jury verdict in favor of Plaintiff Rose Delia Gonzalez in the amount of $175,000 on her claim that the Debtor intentionally caused her serious emotional distress, therefore finding that the judgment debt was nondischargeable under 11 U.S.C. § 523(a)(6). We AFFIRM.
I.ISSUES ON APPEAL
The first issue is whether the Bankruptcy Court correctly applied the principle of preclusion, specifically collateral estoppel, to the District Court jury verdict relative to both the willful and malicious elements of §…
2Cases cited31 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Yeager v. Local Union 20, Teamsters, Chauffeurs, Warehousemen & Helpers of AmericaOhio Supreme Court · 1983
- Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
- Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
26 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Monsanto Co. v. Trantham (In Re Trantham)Bankruptcy Appellate Panel of the Sixth Circuit · 2004
- Steier v. BestCourt of Appeals for the Sixth Circuit · 2004
- Sill v. Sweeney (In Re Sweeney)Bankruptcy Appellate Panel of the Sixth Circuit · 2002
- Graffice v. Grim (In Re Grim)United States Bankruptcy Court, N.D. Ohio · 2003
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
64 more not listed; retrieve them via the Exa API.