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Legal Opinion

Elmore v. Davis (In Re Davis)

United States Bankruptcy Court, W.D. Kentucky

Decided October 1, 1982No. 17-32275PublishedCited by 11 opinions

1Opinion of the Court

SUPPLEMENTAL MEMORANDUM

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

In three decisions, 23 B.R. 638, 636, and 633, today we act to avoid the retrial in bankruptcy court of matters which have been fully litigated and substantially adjudicated in other courts. Our medium in reaching the result is the doctrine of collateral estoppel. That doctrine, as we will explain, has been given rejuvenated utility by the Supreme Court’s recent holding in Northern Pipeline Constr. Co. v. Marathon Pipe Line Co. 1

Although the three cases involve different theories of bankruptcy law and arrive at different…

2Cases cited5 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Brown v. FelsenSupreme Court of the United States · 1979
  3. Beauchamp v. Graham (In Re Graham)United States Bankruptcy Court, W.D. Kentucky · 1981
  4. Fowler v. Cooney (In Re Cooney)United States Bankruptcy Court, W.D. Kentucky · 1980
  5. Channel v. Channel (In Re Channel)United States Bankruptcy Court, W.D. Kentucky · 1982

3Cited by11 opinions

  1. U.S. Life Title Insurance v. Wade (In Re Wade)United States Bankruptcy Court, N.D. Illinois · 1983
  2. Luton v. Sostarich (In Re Sostarich)United States Bankruptcy Court, W.D. Kentucky · 1985
  3. Sachs Ex Rel. Maryland v. Ryan (In Re Ryan)United States Bankruptcy Court, D. Maryland · 1983
  4. Life Science Church of River Park v. Personette (In Re Life Science Church of River Park)United States Bankruptcy Court, N.D. Indiana · 1983
  5. Frey v. Beach (In Re Beach)United States Bankruptcy Court, W.D. Kentucky · 1984

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