Cogliano v. Anderson (In Re Cogliano)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that claim preclusion would bar debtor from amending exemption after final judgment if disputed IRA was property of the estate
• holding that “the bankruptcy court lacked authority to determine whether the IRA was property of the estate” outside of an adversary proceeding
• concluding that 9 whether property is property of the estate cannot be determined in a contested matter
• noting that parties may waive adversary proceeding requirement
• “Rule 7001(2) requires 4 an adversary proceeding, absent waiver or harmless error . . . 5 .”
• “The order denying [the debtor’s] … claim of exemption was a final order in a contested matter: functionally, a judgment.”

Source: CourtListener parenthetical corpus (CC0).