Legal Opinion
Missouri Ex Rel. Nixon v. Audley (In Re Audley)
United States Bankruptcy Court, D. Kansas
Decided August 2, 2001No. 19-10001PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JOHN T. FLANNAGAN, Bankruptcy Judge.
The State of Missouri obtained a fraud judgment against Lawrence Michael Aud-ley for violating the Missouri consumer protection laws. After Audley filed bankruptcy, the State of Missouri filed an adversary complaint to have its judgment declared nondischargeable under § 523(a)(2)(A). Is Audley now collaterally estopped by the state court fraud judgment from requiring the State to prove fraud in this proceeding to avoid discharge of its claim? The court holds that Audley is collaterally estopped. 2
Summary Judgment
Audley filed his…
2Cases cited10 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Cohen v. De La CruzSupreme Court of the United States · 1998
- Oates v. Safeco Insurance Co. of AmericaSupreme Court of Missouri · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sonny Penix v. Parra (In re Parra)United States Bankruptcy Court, D. New Mexico · 2012
- Missouri Ex Rel. Jeremiah W. v. Audley (In Re Audley)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
- Federal Trade Commission v. Abeyta (In Re Abeyta)United States Bankruptcy Court, D. New Mexico · 2008
- Federal Trade Commission v. GugliuzzaDistrict Court, C.D. California · 2015
- Texas v. Garner (In re Garner)United States Bankruptcy Court, M.D. Florida · 2014
3 more not listed; retrieve them via the Exa API.