Arneson v. Farmers Insurance Exchange (In Re Arneson)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The issue is whether a debtor can attack a judgment of nondischargeability rendered in a prior bankruptcy on a theory that the court of appeals erroneously failed to vacate the judgnent when it dismissed the debtor’s appeal after the underlying bankruptcy case was dismissed.
We conclude that it is up to the parties to request vacatur in the original appeal and that the judgment retains claim preclusion value unless and until actually vacated. Hence, we AFFIRM the order granting the judgment creditor relief from the automatic stay for judgment enforcement purposes.
2Cases cited23 opinions
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Brown v. FelsenSupreme Court of the United States · 1979
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Christopher Owens Cynthia Hutchins,plaintiffs-Appellants v. Kaiser Foundation Health Plan,inc., a California Corporation,defendant-AppelleeCourt of Appeals for the Ninth Circuit · 2001
- Daniel DILLEY, Plaintiff-Appellee, v. Bryan S. GUNN, Warden; Norma Wells; Sgt. Butler; B. Schelke, Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1995
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3Cited by8 opinions
- First Yorkshire Holdings, Inc. v. Pacifica L 22, LLC. (In Re First Yorkshire Holdings, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- National City Bank v. Lapides (In Re Transcolor Corp.)United States Bankruptcy Court, D. Maryland · 2003
- Lakhany v. Khan (In Re Lakhany)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- Rainey v. Davenport (In Re Davenport)United States Bankruptcy Court, S.D. Texas · 2006
- Village Park Community Ass'n v. Faitalia (In Re Faitalia)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
3 more not listed; retrieve them via the Exa API.