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· 10/13/1987

Lukas v. Bottagaro (In Re Bottagaro)

Citations

  • 95 B.R. 766
  • 4 Bankr. Ct. Rep. 289
  • 1987 U.S. Dist. LEXIS 14632
  • 1987 WL 49652

How courts have described this case

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

  • “Even though a bankruptcy court is required to look behind a lower court judgment in determining dischargeability ... where the claims are actually and necessarily decided by consent in previous litigation, collateral estoppel applies.
  • Consent judgments ... represent a final decision on the merits ... where the parties intended the stipulation ... to adjudicate the issues raised. The court properly precluded ... relitigating those issues in a nondischargeability action.

Source: CourtListener parenthetical corpus (CC0).

Judges: Sherman G. Finesilver

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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