Philip Evans v. Richard Ottimo A/K/A Richard J. Ottimo, Joyce Ottimo, A/K/A Joyce Ottimo, A/K/A Joyce Decarlo Ottimo

How courts have described this case

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

• holding that a bankruptcy court is bound by the liability determination in a state court default judgment
• holding that a bankruptcy court is bound by the liability determination in a state court default judgment
• holding that collateral estoppel bars re-litigation of an issue necessarily decided in a prior action and decisive of the present action where the party bringing the subsequent action had a full and fair opportunity to litigate the issue in the prior action
• applying New York law where party raised estoppel defense to preclude re-litigation of issues decided in earlier New York State Supreme Court proceeding
• applying the same “actually litigated” requirement to a default judgment in a dis-chargeability proceeding
• bankruptcy court erred in not applying collateral estoppel based on a state court default judgment finding regarding fraud

Source: CourtListener parenthetical corpus (CC0).