· 5/7/2002
In Re Lon McGhan AKA Lon L. McGhan Fdba Envirotrend, Inc. Fdba McGhan Management, Debtor. Lon McGhan v. Jason Rutz
Citations
- 288 F.3d 1172
- 2002 Cal. Daily Op. Serv. 3910
- 2002 Daily Journal DAR 4968
- 2002 U.S. App. LEXIS 8739
- 39 Bankr. Ct. Dec. (CRR) 143
- 2002 WL 857767
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a state court only exceeded its jurisdiction when it considered a challenge to a bankruptcy court order after it appropriately determined that the party's claim was discharged by the bankruptcy court
- holding that a state court exceeded its jurisdiction only when it considered a challenge to a bankruptcy court order after it appropriately determined that the party’s claim was discharged by the bankruptcy court
- holding that a state court lacked authority to modify a bankruptcy court’s earlier determination discharging a claim and permanently enjoining a creditor from collecting on a debt in a separate state court action
- holding that a state court lacked authority to modify a bankruptcy court's earlier determination discharging a claim and permanently enjoining a creditor from collecting on a debt in a separate state court action
- noting that state courts are barred from intruding on bankruptcy court orders and core proceedings
- reopening Chapter 7 required inasmuch as the state court lacked authority to modify the bankruptcy court order granting discharge and discharge injunction
Source: CourtListener parenthetical corpus (CC0).
Judges: McKeown, Fisher, Hagen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.