Judge Duncan

American Investors Life Ins. Co. v. Salinas (In re Salinas)

Defendants, the personal representatives of estates of various deceased persons (estates), asked the court to abstain from exercising jurisdiction over a two-count complaint filed by plaintiff insurance company, which request was made pursuant to 28 U.S.C. § 1334(c)(1) or (2). The company later withdrew its first cause of action. At issue was whether abstention was proper.
Ruling: 
Bankruptcy court abstained from proceeding to determine if debtor was acting as agent of insurance company when recommending improper investments.
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Duncan v. Duncan (In re Duncan)

Appellant estate administrator sought review of an order of the District Court for the Eastern District of Virginia, which granted summary judgment to appellee debtor in an adversary proceeding brought by the bankruptcy estate to challenge the dischargeability of a judgment debt owed by the debtor arising out of a state wrongful death action.
Ruling: 
Dischargeability of wrongful death damages award was not collaterally estopped since the judgment was based on a different legal standard than section 523(a)(6)'s willful and malicious injury standard.
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