Legal Opinion
Harris v. Byard (In Re Byard)
United States Bankruptcy Court, M.D. Tennessee
Decided March 15, 1985No. Bankruptcy No. 384-00810, Adv. No. 384-0267PublishedCited by 63 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The plaintiff asks that a state court default judgment against the debtor be given collateral estoppel effect in this discharge-ability action under 11 U.S.C. § 523. His argument, based on the “full faith and credit” statute, 28 U.S.C. § 1738, is consistent with recent Supreme Court authority and is sustained.
The following constitute findings of fact and conclusions of law pursuant to Bankruptcy Rule 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(I).
I
Plaintiff Charles W. Harris (“Harris”) owns Sunflower Farms, a Wichita, Kansas operation…
2Cases cited30 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Montana v. United StatesSupreme Court of the United States · 1979
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
25 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- In Re Dennis Amiel Calvert, Debtor. Bay Area Factors, a Division of Dimmitt & Owens Financial, Inc. v. Dennis Amiel CalvertCourt of Appeals for the Sixth Circuit · 1997
- In Re Jack Wayne Bursack, Debtor. Rally Hill Productions, Inc. v. Jack Wayne BursackCourt of Appeals for the Sixth Circuit · 1995
- Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
- Union National Bank of Marseilles v. Leigh (In Re Leigh)United States Bankruptcy Court, N.D. Illinois · 1994
- Nourbakhsh v. Gayden (In Re Nourbakhsh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
58 more not listed; retrieve them via the Exa API.