· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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