Collateral estoppel in section 523(c) dischargeability proceedings: when is a default judgement actually litigated?

Article Abstract:

Collateral estoppel should be applied in section 523(c) bankruptcy dischargeability proceedings according to the mandate of full faith and credit to other jurisdictions' court decisions. This solves the problem of courts debating if a federal test should be used on state court default decisions. Federal bankruptcy courts have wondered if they were exempt from full faith and credit. While the Supreme Court allowed estoppel in bankruptcy courts in Grogan v. Garner, it gave inadequate guidelines for estoppel's use.

Analysis, Estoppel

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LaSalle and the little guy: some initial musing on the ultimate impact of Bank of America, NT & SA v. 203 North LaSalle Street Partnership

Article Abstract:

The author analyses the Supreme Court's ruling in Bank of America v. 203 North LaSalle Street Partnership on Chapter 11 bankruptcy actions in which an insolvent company owners tries to continue to participate in the company based on post-petition contributions of new value.

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An ineffective escape hatch: the textualist mistake in Geiger

Article Abstract:

The author discusses a Supreme Court ruling that a doctor who provided substandard care was not exempt form bankruptcy discharge for willful and malicious injury under the Bankruptcy Code. The history of the 'willful and malicious' discharge exception is outlined.

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