res judicata as it relates to a civil default jdmt.
Posted: Wed May 18, 2011 9:22 am
Not simple. Depends on state rules, if there was a default prove up ...etc. Keep in mind in default situation the facts as stated by person taking default are found as given, and can be Res judicata.
You will have to do the research.
D
Sent from my iPhone
On May 16, 2011, at 6:29 PM, "Joe" wrote:
> Dear group mates:
> Client filed a chapter 7 as result of a judgment obtained in a civil matter. One of the counts was for fraud. The fraud cause of action would have been easily defeated but due to his financial state, he did not answer the complaint. Creditor got a default judgment. The creditor filed an adversary proceeding. The question is simply, does the creditor have to prove fraud in Federal Court or does the default judgment have the power of res judicata and collateral estoppel?
> Thanks in advance.
>
>
>
Not simple. Depends on state rules, if there was a default prove up ...etc. Keep in mind in default situation the facts as stated by person taking default are found as given, and can be Res judicata.You will have to do the research.DSent from my iPhoneOn May 16, 2011, at 6:29 PM, "Joe" <correalaw@yahoo.com> wrote:
Dear group mates:
Client filed a chapter 7 as result of a judgment obtained in a civil matter. One of the counts was for fraud. The fraud cause of action would have been easily defeated but due to his financial state, he did not answer the complaint. Creditor got a default judgment. The creditor filed an adversary proceeding. The question is simply, does the creditor have to prove fraud in Federal Court or does the default judgment have the power of res judicata and collateral estoppel?
Thanks in advance.
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