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· 4/7/1994

Olson v. United States Ex Rel. Department of Treasury (In Re Olson)

Citations

  • 170 B.R. 161
  • 1994 Bankr. LEXIS 608
  • 73 A.F.T.R.2d (RIA) 2027
  • 1994 WL 383245

How courts have described this case

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

  • finding that the “actual litigation” requirement of collateral estoppel cannot, as a matter of logic, be satisfied in the presence of consent judgment
  • requiring that parties could have reasonably foreseen the conclusiveness of their actions
  • declaring the purely contractual nature of consent judgments and asserting primacy of parties’ intent
  • \Summary judgment is an appropriate mechanism for deciding whether a prior determination by a court of competent jurisdiction should be given collateral estopped effect in a nondischargeability action.\
  • consent judgment by Tax Court assessing civil fraud penalties on Chapter 7 debtors did not finally resolve issue of fraud, and thus would not be given collateral estoppel effect in nondischargeability proceeding
  • “[B]ankruptcy courts are vested with the exclusive jurisdiction to determine the nondischargeability of debts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: William A. Hill

Read full opinion on CourtListener

Sourced 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.