Legal Opinion

Moncur v. Agricredit Acceptance Co. (In Re Moncur)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 6, 2005No. BAP No. ID-04-1423-KSB, Bankruptcy No. 98-03213, Adversary No. 99-06010PublishedCited by 11 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The debtors appeal the renewal of a money judgment that was excepted from discharge under 11 U.S.C. §§ 523(a)(2) and (6) in the first of their two bankruptcy cases. They argue that the debt lost its nondischargeable status when the judgment creditor did not file another nondischargeability action in their second bankruptcy case. We agree with the bankruptcy court that the doctrines of claim and issue preclusion obviated the need for repetitive nondischargeability actions and that the chapter 7 discharge order could not provide otherwise. AFFIRMED.

FACTS

Appellants,…

2Cases cited11 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Brown v. FelsenSupreme Court of the United States · 1979
  3. Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Fidelity National Title Insurance v. Franklin (In Re Franklin)United States Bankruptcy Court, E.D. California · 1995
  5. Garner v. Shier (In Re Garner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Gradco Corp v. Blankenship (In Re Blankenship)United States Bankruptcy Court, N.D. Alabama · 2009
  2. Gwendolyn Wash. v. Real Time Resolution, Inc. (In Re Washington)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
  3. TIA Corp. v. Bridges (In re Bridges)United States Bankruptcy Court, W.D. Michigan · 2018
  4. Flores v. Oh (In re Oh)Court of Appeals for the Ninth Circuit · 2009
  5. In re PacherUnited States Bankruptcy Court, S.D. Mississippi · 2016

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API