Legal Opinion
Cordius Trust v. Kummerfeld (In Re Kummerfeld)
United States Bankruptcy Court, S.D. New York
Decided January 13, 2011No. 19-22276PublishedCited by 3 opinions
1Opinion of the Court
OPINION CONCERNING MOTION FOR SUMMARY JUDGMENT
ARTHUR J. GONZALEZ, Chief Judge.
The issue presented concerns whether a debt based upon a judgment that results from a settlement that arises out of a securities fraud violation is nondischargeable against a debtor in bankruptcy when that debtor is derivatively liable for the debt as a control person of the corporation that is liable for the judgment.
As a preliminary matter, it is settled case law that, notwithstanding the settlement or entry of judgment, res judicata is not a bar to a bankruptcy court considering extrinsic evidence to determine if…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
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3Cited by3 opinions
- American Federated Title Corp. v. GFI Management Services, Inc.District Court, S.D. New York · 2015
- Hixson v. U.S. Deparment of Education (In Re Hixson)United States Bankruptcy Court, S.D. New York · 2011
- Schlosser v. HeinemannUnited States Bankruptcy Court, S.D. New York · 2022