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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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it is my understanding that sometimes a bankruptcy court can

Customer Question

it is my understanding that sometimes a bankruptcy court can revisit decisions by other courts, mostly addressing the validity of the other court decision and rarely revisit the facts and findings of the other court.

what is the process for raising the validity of the other court decisions to the bankruptcy court and an example of a case where that has happened(if you can). New York state is where the issue would lie but other states ok.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 3 years ago.

Over 35 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

 

A bankruptcy judge does not have the power to revisit state court decisions. Likewise, if a judgment was entered in a state court, the BK judge has the power to rule that the debt is dischargeable in BK.

 

Please rate my answer ok or better so that I am paid for helping you. Thanks.

Customer: replied 3 years ago.

confused...


 


the BK judge has the power to rule that the debt is dischargeable in BK.


 


what does hat mean?

Expert:  dylatess replied 3 years ago.

If a state court has issued a judgment, the BK judge can rule that the debt should be discharged in BK and therefore the debtor does not have to pay on the judgment.

 

Please rate my answer ok or better so that I am paid for helping you.

Customer: replied 3 years ago.

That statement was confusing...


 


how does it relate to...


 



Heiser v. Woodruff, 327 US 726 - Supreme Court 1946



Undoubtedly, since the Bankruptcy Act authorizes a proof of claim based on a judgment, such a proof may be assailed in the bankruptcy court on the ground that the purported judgment is not a judgment because of want of jurisdiction of the court which rendered it over the persons of the parties or the subject matter of the suit, or because it was procured by fraud of a party. Pepper v. Litton, supra, 306; Chandler v. Thompson, 120 F. 940; In re Continental Engine Co., 234 F. 58; In re Stucky Trucking & Rigging Co., 243 F. 287; In re Rubin, 24 F.2d 289.


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