Legal Opinion

Wians v. Wians (In re Wians)

United States Bankruptcy Court, N.D. Illinois

Decided December 17, 2014No. Bankruptcy No. 13 B 38149; Adversary No. 14 A 00177PublishedCited by 10 opinions

1Opinion of the Court

Amended Memorandum Opinion

JACQUELINE P. COX, Bankruptcy Judge.

This matter is before the Court on the Motion of Kenneth Wians, not in his personal capacity, but as the Independent Administrator of the Estate of Clara Wians (the “Plaintiff’), for entry of Summary Judgment against Dennis Wians1 (the “Defendant”) on a complaint seeking to except a debt from discharge under 11 U.S.C. § 523(a)(4).

The Plaintiff alleges that he is entitled to summary judgment as a matter of law under the doctrine of collateral estoppel because the issues to be decided herein were resolved in a state court matter…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
  4. In the Matter of Richard C. Scarlata, Debtor. Goldberg Securities, Inc. v. Richard C. Scarlata, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1993
  5. In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994

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3Cited by10 opinions

  1. Chuipek v. Gilmore (In re Gilmore)United States Bankruptcy Court, N.D. Illinois · 2018
  2. Duley v. Thompson (In re Thompson)United States Bankruptcy Court, S.D. Ohio · 2015
  3. BCL-HOME REHAB LLC v. KENNETH FIXLERUnited States Bankruptcy Court, N.D. Illinois · 2022
  4. In Re: John J. Petti and Denise A. Petti v. Caren A. AsherUnited States Bankruptcy Court, N.D. Illinois · 2022
  5. In re Henry L. HardenUnited States Bankruptcy Court, N.D. Illinois · 2023

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