Court found that the state court judgment, which was a default judgment rendered as a sanction for debtor’s failure to comply with discovery orders, was a judgment on the merits and, therefore, the doctrine of collateral estoppel was appropriate to prevent debtor from challenging the findings made in the state court judgment, and summary judgment was granted on this point. Court found that the findings made in the state court judgment did not determine the question of whether debtor’s conduct was “willful and malicious” under § 523(a)(6), and, therefore, declined to apply collateral estoppel to this issue and denied summary judgment on this point.
Date of decisions: February 18, 2009
Full opinion click here.
Bankruptcy Case Law
Monday, March 2, 2009
In re Duvall, Case No. 08-20466
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