United States Ninth Circuit
DIAMOND v. KOLCUM, 00-16280
Defendants are entitled to a declaration of dischargeability under 11 U.S.C. section 532(a)(2)(A) and (a)(6) because the state court judgment to which they asked the bankruptcy court to give preclusive effect necessarily implicated issues identical to those implicated in the nondischargeability proceeding, and those issues were therefore actually litigated in the state court proceeding.
Appellate Information
- Decided 04/04/2002
- Published 04/04/2002
Judges
- PAEZ, Circuit Judge., Before CANBY, GRABER, and PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- David R. Jenkins,Motschiedler, Michaelides & Wishon, LLP, Fresno, CA, for the appellants.
- For Appellees:
- Ian Ledlin, Phillabaum, Ledlin, Matthews & Gaffney Brown, Spokane, WA, for the appellees.