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Domestic Relations: Termination of Parental Rights-Collateral Attack
The trial court entered a judgment involuntarily terminating T.B.’s parental rights to her child, A.R.B. On appeal, T.B. raised multiple claims of error in the termination proceedings. Where T.B.’s claims of denial of counsel and complaints regarding the guardian ad litem’s representation of A.R.B. constituted impermissible collateral attacks, the court affirmed the termination of T.B.’s [[...]
Bankruptcy: Adversary Proceeding-Collateral Attack-Dischargeability of Loan Obligation
Debtor appealed the dismissal of his adversary proceeding and the denial of his post-dismissal motion. The bankruptcy court had dismissed debtor’s proceeding, concluding that it was an improper collateral attack on prior rulings. Where debtor’s adversary proceeding attempted to re-litigate the dischargeability of a loan obligation, which had been previously ruled by the bankruptcy court [&hell[...]
Bankruptcy: Challenge to Sale of Estate Assets-Collateral Attack-Denial of Leave to Amend
The bankruptcy trustee filed suit against multiple parties involved in the sale of the bankruptcy estate’s assets. As the bankruptcy court had authorized the procedure for the sale of substantially all of the debtor’s assets, it dismissed the trustee’s claims as an impermissible collateral attack on the order approving the sale. Where the bankruptcy court […]
Probate: Will Contest- Collateral Attack- Res Judicata
Where appellants, who were family members of decedent, brought a will contest challenging the rejection by the probate division of one of the four purported wills of decedent, the trial court properly granted summary judgment in favor of the decedent’s adopted daughter because the appellants’ claims were barred by res judicata based on a judgment […]
Bankruptcy : Trustee Claims – Final Sale Order – Collateral Attack
Fulmer v. Fifth Third Equipment Finance Company (MLW No. 71492/Case No. 17-6017 – 17 pages) (U.S. Bankruptcy Appellate Panel, Saladino, J.)
Civil Practice : Res Judicata – Collateral Attack
M.W. v. S.W. (MLW No. 71226/Case No. ED105546 – 14 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Domestic Relations : Parental Rights – Termination – Collateral Attack
In the Interest of: K.R.T., A.J.T. and K.L.T. v. Department of Social Services (MLW No. 70039/Case No. WD79613 – 8 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Domestic Relations : Child Custody – Foreign Judgment – Collateral Attack
Nestle v. Johns (MLW No. 67372/Case No. ED100902 – 8 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)
Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack
Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)
Bankruptcy : Adversary Proceeding – Restitution Judgment – Collateral Attack
Behrens v. U.S. (MLW No. 66019/Case No. 13-6052 – 5 pages) (U.S. Bankruptcy Appellate Panel, Nail, B.J.)
Criminal Law : Post-Conviction – DNA Testing – Collateral Attack
Hamilton v. State (MLW No. 65399/Case No. WD75773 – 5 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)
Civil Practice: Collateral Attack – Fraud Action – Child Support
Reimer v. Hayes (MLW No. 63584/Case No. WD73603 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
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- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
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- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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