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Opinion 89

Case Name: 

Kojima v. Stevens (In re Stevens)

Judge: 
Judge Clark
Date: 
Jun-30-1983
Case Number(s): 
82PC-0828
Status: 

UNPUBLISHED

Body: 

In an action to determine dischargeability under 11 U.S.C. § 523(a), the court held as follows: (1) a non-dischargeable judgment entered by a bankruptcy court is a judgment entered "for and on behalf of the United States District Courts" in a "district court civil proceeding," under In re Color Craft Press, Ltd., 27 B.R. 962 (D. Utah 1983), so that postpetition interest on the judgment is governed by 28 U.S.C. § 1961; (2) pre-judgment interest in dischargeability actions is awardable at the contract rate if there is a contract, or at the legal rate if there is not; (3) pursuant to In re Cowart, Civ. No. 81-0929J (D. Utah Sept. 20, 1982) (Jenkins, J.), punitive damages are not awardable in non-dischargeability actions, notwithstanding contrary case law from other jurisdictions; (4) a state court's default judgment that is based on the operative facts underlying their dischargeability action in bankruptcy has no res judicata effect; and (5) although collateral estoppel is a viable doctrine in non-dischargeability actions, the bankruptcy court will not give collateral estoppel effect to a default judgment.

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Opinion 89
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