United States Fourth Circuit

When a prior state court judgment is the debt at issue, the bankruptcy court, in an adversary proceeding to determine whether the debt is dischargeable, cannot issue its own judgment on the debt to replace the state court judgment previously obtained.

Appellate Information

• Decided 11/16/2001
• Published 11/16/2001

Judges

• Before WIDENER and MICHAEL, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas J. Gillooly, Charleston, WV, for Appellant. William Berkley Richardson, Jr., Parkersburg, WV, for Appellee.