Social Research for Legal Research Examining a Judicial Assumption

Social Research for Legal Research Examining a Judicial Assumption | Wayne Greenwald

The Scenario

In 2010, you won a state court judgment against "Joe" for breach of contract. In 2017, "Joe" filed for Chapter 7 bankruptcy. Should you be allowed to object to Joe discharging your judgment by now asserting that Joe's debt to you arose from a fraud?

Most bankruptcy courts say you can.

Bankruptcy courts frame this issue in statute of limitations and issue/claim preclusion theories. The crux of issue/claim preclusion is "where was this theory years ago when we first fought it out?" Bankruptcy Courts favor you, the plaintiff.

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