In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, Limited

How courts have described this case

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

• noting defendant’s participation in lawsuit which ultimately ended with default judgment entered against him as sanction
• noting that “[j]ust as due process is not offended by the entry of default judgment against a party- for failure to cooperate with discovery ... neither is due process offended if a debtor is held to the consequences of that judgment in a subsequent bankruptcy discharge proceeding”
• where federal common law applies, “a default judgment will not support the application of collateral estoppel[.]”
• “[The debtor] had ample warning from the prior court and could reasonably have foreseen the conclusive effect of his actions.”
• a litigant’s “abuse of the judicial process” in the first action “must not be rewarded by a blind application of the general rule denying collateral estoppel effect to a default judgment”
• same; debtor deliberately precluded resolution of factual issues by obstructing discovery process

Source: CourtListener parenthetical corpus (CC0).