· 11/16/2001
In Re: Ransford Craig Heckert, Debtor. Ransford Craig Heckert, A/K/A R.C. Heck Heckert v. Harold L. Dotson
Citations
- 272 F.3d 253
- 47 Collier Bankr. Cas. 2d 414
- 2001 U.S. App. LEXIS 24597
- 38 Bankr. Ct. Dec. (CRR) 172
- 2001 WL 1453908
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that claim preclusion applies when a bankruptcy court considers the validity of a claim upon which debt is based
- holding when a prior state court judgment is the debt at issue, the bankruptcy court cannot “issue its own judgment on the debt to replace the state court judgment previously obtained”
- holding that the bankruptcy court may not enter its own monetary judgment where the state court has done so prior to the bankruptcy; the bankruptcy court is bound by res judicata as a matter of full faith and credit with respect to the amount and validity of the debt
- noting that a Rule 60(b)(4) motion “is not subject to the reasonable time limitations imposed 10 The Court reviews the denial of a Rule 60(b)(4) motion de novo. FTC v. Ross, 74 F.4th 186, 190 (4th Cir. 2023
- noting that a Rule 60(b)(4) motion “is not subject to the reasonable time limitations imposed The Court reviews the denial of a Rule 60(b)(4) motion de novo. FTC v. Ross, 74 F.4th 186, 190 (4th Cir. 2023). It reviews the denial of a motion brought under any other Rule 60(b
- “Heckert, however, filed the motion under [Rule] 60(b)(4), which is not subject to the reasonable time limitations imposed in the other provisions of Rule 60(b).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Widener, Michael, Magill, Eighth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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