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Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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My husband filed a Chapter 7 which he has appealed to the Court

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My husband filed a Chapter 7 which he has appealed to the Court of Appeals and it looks like he will get his discharge. The bank has also sued me and I am finalizing a Motion for Summary Judgment. The bankruptcy court denied the discharge due to a hinder/delay but stated he had not committed fraud in any way, looked at my assets also, and stated that any unarticulated decision by the judge was a decision for the Defendant. (My husband). If the trustee and the bankruptcy judge agreed on the value of his assets and stated I had no assets that would negatively impact upon his bankruptcy, can I argue that the Superior Court has no juristiction over revaluing those assets? This is AZ. Is there any applicable 9th circuit case law?

You can make arguments based on "res judicata" and "collateral estoppel." Res judicata means "a matter already judged," typically meaning a lawsuit cannot be tried twice once a court has already ruled on it, and collateral estoppel means essentially the same thing except it applies to individual issues within a lawsuit (such as the determination regarding the value of property).

You can read more about res judicata HERE, and collateral estoppel HERE.

Cases applicable to 9th Circuit:

 

RES JUDICATA


(1) Allen v. McCurry, 449 US 90 - Supreme Court 1980 (449 U.S. 90 (1980)) CLICK HERE

(2) Federated Department Stores, Inc. v. Moitie, 452 US 394 - Supreme Court 1981 (452 U.S. 394 (1981)) CLICK HERE

(3) Montana v. United States, 440 US 147 - Supreme Court 1979 (440 U.S. 147 (1979)) CLICK HERE

(4) Migra v. Warren City School Dist. Bd. of Ed., 465 US 75 - Supreme Court 1984 (465 U.S. 75 (1984)) CLICK HERE

(5) Cayward v. HSBC BANK USA, NATIONAL ASSOCIATION, Dist. Court, WD Washington 2013 (Case No. C12-1402MJP.) CLICK HERE

(6) Rougeau v. Swarthout, Dist. Court, ED California 2013 (No. 2:11-cv-1708-JFM (PC).) CLICK HERE

(7) Galindo v. Cate, Dist. Court, ED California 2013 (Case No. 1:12-cv-01613-AWI-SKO PC.) CLICK HERE

COLLATERAL ESTOPPEL

 

(8) Ashe v. Swenson, 397 US 436 - Supreme Court 1970 (397 U.S. 436 (1970)) CLICK HERE

 

(9) Montana v. United States, 440 US 147 - Supreme Court 1979 (440 U.S. 147 (1979)) CLICK HERE

 

(10) American Family Mutual Insurance Company v. Clancy, Court of Appeals, 9th Circuit 2013 (No. 11-16270.) CLICK HERE

 

(11) Blackshire v. Wackenhut Corp., Dist. Court, ED California 2013 (No. 12-cv-2568 MCE GGH PS.) CLICK HERE

 

(12) Furnace v. Giurbino, Dist. Court, ED California 2013 (Case No. 1:11-cv-00012-LJO-DLB PC.) CLICK HERE

 

(13) TACEY GOSS PS v. Barnhart, Dist. Court, WD Washington 2013 (Case No. C12-401RSM.) CLICK HERE

 

(14) IN RE DAVIS, Bankr. Court, ND California 2013 (Case No. 10-74245 MEH, Adv. No. 11-04066 AH.) CLICK HERE

 

COLLATERAL ESTOPPEL - Specific to Arizona

 

(15) Smith v. BARROW NEUROLOGICAL INSTITUTE, Dist. Court, D. Arizona 2013 (No. CV 10-01632-PHX-FJM.) CLICK HERE

 

(16) US v. Li, Dist. Court, D. Arizona 2013 (No. CV-12-00482-PHX-DGC.) CLICK HERE

 

(17) Gray v. Federal National Mortgage Association, Dist. Court, D. Arizona 2013 (No. CV-12-08220-PCT-JAT.) CLICK HERE

 

(18) Everett v. American Family Mutual Insurance Co., Dist. Court, D. Arizona 2013 (No. CV-11-836-PHX-SMM.) CLICK HERE

 

(19) Caron v. LIFESTYLE CRAFTS, LLC, Dist. Court, D. Arizona 2013 (No. CV-12-00124-PHX-NVW.) CLICK HERE

 

(20) TOWN OF COLORADO CITY v. UNITED EFFORT PLAN TRUST, Dist. Court, D. Arizona 2013 (No. CV11-08037-PCT-DGC.) CLICK HERE

 

(21) Smith v. BARROW NEUROLOGICAL INSTITUTE, Dist. Court, D. Arizona 2013 (No. CV 10-01632-PHX-FJM.) CLICK HERE

 

(22) IN RE RHOADS, Dist. Court, D. Arizona 2013 (No. CV-12-0508-PHX-DGC, Adversary No. 2:11-ap-01880 RTB, Case No. 2:10-bk-17533 RTB.) CLICK HERE

 

I hope I’ve provided the information you were seeking. If you need more help, please use the reply tab to continue our conversation.

If you are happy with my service, please provide a rating. If not, please let me know so l can continue to help you. Thank you!

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

Customer: replied 3 years ago.

Thank you for your answer. I will rate and bonus you but I have another question.


 


Is there a place if I want more case law (outside the bankruptcy portion) that I can go to? I cannot go on West at a Law Library because I am recovering from surgery. I know you guys are normally not a research group although I have never had any complaints with the type of question I asked but if there is someone who just "does this" I would subscribe as long as the cost is in line.


 


If you can also help with #1 that would be great. This answer truly went above and beyond and I appreciate it. Again, I wanted to 'string" this but will rate and bonus later.

Yes. Go to Google and do a search for Google Scholar, and it comes right up (or just CLICK HERE). Then, type what you want to search for just like you are doing a Google search. But, before you click SEARCH (which is actually a blue button with a magnifying glass symbol on it, it doesn't actually say "search"), change the check box underneath from "Articles" to "Legal Documents" (to find cases).

Then, after you click SEARCH it'll take you to the search results.

When you're in the search results, click Select Courts on the left side to just select Supreme Court, Ninth Circuit, Arizona, etc.

 

You can also filter by cases only since 2009, 2012, 2013, etc.

 

It is very awesome and completely free. Westlaw and Lexis are in trouble...

Good luck!

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

JoeLawyer and other Bankruptcy Law Specialists are ready to help you
Thank you so much for the awesome bonus, I REALLY appreciate it!!!

Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

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