Luton v. Sostarich (In Re Sostarich)
United States Bankruptcy Court, W.D. Kentucky
1Opinion of the Court
MEMORANDUM-OPINION
G. WILLIAM BROWN, Bankruptcy Judge.
This matter comes before the Court on plaintiff’s motion for summary judgment on her Complaint for non-dischargeability pursuant to 11 U.S.C. Section 523(a)(2)(A). The plaintiff-creditor asserts that a Tennessee State Court judgment entered against the defendant herein based on fraud, collaterally estops the defendant from relitigat-ing the issue of fraud before this Court. In response, debtor alleges that the judgment was obtained in the Tennessee Court by default; that debtor was denied the opportunity to present evidence; that debt- or…
2Cases cited10 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Grand Piano & Furniture Co. v. Hodges (In Re Hodges)United States Bankruptcy Court, W.D. Virginia · 1980
- In the Matter of Alfred Lawrence Merrill, A/K/A Larry Merrill, Bankrupt. Larry Merrill v. Walter E. Heller & Company of Alabama, a CorporationCourt of Appeals for the Fifth Circuit · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pesak v. Weitzel (In Re Weitzel)United States Bankruptcy Court, N.D. Ohio · 1987
- Angus v. Wald (In Re Wald)United States Bankruptcy Court, N.D. Alabama · 1997
- Costell v. Costell (In Re Costell)United States Bankruptcy Court, N.D. Ohio · 1987
- Hile v. Lewis (In Re Lewis)United States Bankruptcy Court, N.D. Ohio · 1994
- Rank v. United States Internal Revenue Service (In Re Rank)United States Bankruptcy Court, N.D. Ohio · 1993
17 more not listed; retrieve them via the Exa API.