No. 20-680

Lee Wendell Loder v. Icemakers, Inc.

Lower Court: Eleventh Circuit
Docketed: 2020-11-17
Status: Denied
Type: Paid
Response Waived
Tags: bankruptcy-court-jurisdiction bankruptcy-jurisdiction bankruptcy-procedure circuit-split civil-procedure debt-dischargeability federal-courts judicial-authority money-judgment nondischargeable-debt
Key Terms:
Privacy
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a bankruptcy court has the jurisdictional authority to render a liquidated money judgment at the same time that it determines a debt to be nondischargeable?

Question Presented (OCR Extract)

QUESTION PRESENTED Federal courts must protect its jurisdiction. Debtors who seek to mutually resolve claims of dischargeability should be permitted to at the same time liquidate the debt. The court of appeals held that the petitioner’s consent, money judgment liquidating said debt was not a judgment but, instead, only a determination deeming that said underlying debt was non-dischargeable. The appellate court determined that the bankruptcy court’s jurisdiction to create a money judgment did not exist. The question presented is: Whether a bankruptcy court has the jurisdictional authority to render a liquidated money judgment at the same time that it determines a debt to be nondischargeable? All other circuits that have addressed this issue have answered in the affirmative and the Petitioner concurs. The Eleventh Circuit opinion creates a conflict among the circuits. I

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Waiver of right of respondent Icemakers, Inc. to respond filed.
2020-11-10
Petition for a writ of certiorari filed. (Response due December 17, 2020)

Attorneys

Icemakers, Inc.
Walter F McArdleSpain &Gillon, LLC, Respondent
Walter F McArdleSpain &Gillon, LLC, Respondent
Lee Loder
Lee Wendell LoderLoder, P.C., Petitioner
Lee Wendell LoderLoder, P.C., Petitioner