In Re Norman Docteroff, Debtor, Bert L. Wolstein Lady Iris Corporation v. Norman Docteroff

How courts have described this case

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

• holding that collateral estoppel applied when estopped party had participated in prior litigation extensively and had the opportunity to litigate the issue previously
• stating that the test of sameness is whether all of the elements of the relevant dischargeability provisions are encompassed by the allegations made in the complaint underlying the default judgment
• finding that collateral estoppel prevented the defendant from claiming that the debt underlying a default judgement was dischargeable where the default judgment was a sanction for his repeated and bad-faith non-compliance with discovery requests
• deeming Rule 9(b) challenge waived because the party did not raise the issue in a motion to dismiss or in his answer
• deeming Rule 9(b) challenge as 19 waived because the party did not raise the issue in a motion to dismiss or in his answer
• affirming use of collateral estoppel in bankruptcy discharge proceeding where -3- default entered because debtor wilfully obstructed discovery

Source: CourtListener parenthetical corpus (CC0).