· 1/16/2009
Morrison v. Western Builders of Amarillo, Inc. (In Re Morrison)
Citations
- 555 F.3d 473
- 61 Collier Bankr. Cas. 2d 435
- 2009 U.S. App. LEXIS 960
- 51 Bankr. Ct. Dec. (CRR) 23
- 2009 WL 103693
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that bankruptcy courts have both subject matter jurisdiction and the constitutional authority to liquidate state-law claims as part of the adjudication of any dischargeability issue
- holding that bankruptcy courts have both subject matter jurisdiction and the constitutional authority to liquidate state-law claims as part of the adjudication of any dischargeability issue
- holding that bankruptcy courts have both subject matter jurisdiction and the constitutional authority to liquidate state-law claims as part of the adjudication of any dischargeability issue
- acknowledging that proceeding to determine the non- dischargeability of a debt, a “core” proceeding, requires proof of the basis for and amount of a debt, which may require state-law determination
- finding that bankruptcy courts have jurisdiction to determine the amount of a debt arising under state law causes of action, and noting that “[l]ogically, the litigation necessary to prove nondischargeability also proves the basis for and amount of the debt”
- defining bankruptcy courts’ jurisdiction over cases related to the bankruptcy estate
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Garwood, Smith
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.