Tuesday, May 25, 2010

Debtor Collaterally Estopped from Relitigating Section 523(a)(6) Issue

In re Moore, 346 Fed.Appx. 321 (10th Cir. 2009). Debtor appealed the district court's judgment affirming the bankruptcy court's granting of summary judgment in favor of plaintiff on non-dischargeability adversary claim brought pursuant to Section 523(a)(6)'s willful and malicious standard. Debtor had been found liable prepetition to plaintiff in a California state civil proceeding for intentional infliction of emotional distress.

Consequently, the bankruptcy granted summary judgment against debtor because that court believed debtor was collaterally estopped from relitigating whether plaintiff's debt was the result of a willful and malicious injury. Therefore, the debt was deemed non-dischargeable pursuant to Section 523(a)(6).
Warmest Regards,

Bob Schaller

Your Bankruptcy Advisor

Blog By: Attorney Robert Schaller (Bob's bio) of the Schaller Law Firm
Click for Bankruptcy Lawyer Job Opportunities. You are invited to contact Attorney Schaller at 630-655-1233 or visit his website at Discharging Student Loans to learn about how the bankruptcy laws can help you. Bob is a member of the National Bankruptcy College Attorney Network, American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys.

For information about Chapter 7 bankruptcy Click Here
For information about Chapter 13 bankruptcy Click Here

NOTE: Robert Schaller looks forward to the opportunity to talk with you about your legal issues. But please remember that all information on this blog is for advertising and general informational purposes only. Please read Bob's disclaimer. I recommend that you review a few other blogs that may be of interest to you. These blogs are identified in the right column and are set forth below: bankruptcy issues blog; bankruptcy and family law issues blog; bankruptcy and employment issues blog; adversary defense blog; and bankruptcy and student loan issues blog.

1 comment:

  1. The best casinos in the UK – and how to win big
    1. Royal Flush 의왕 출장안마 · 2. Paddy Power Casino · 안양 출장샵 3. Betway Casino · 4. 울산광역 출장샵 William 충청남도 출장안마 Hill Casino · 창원 출장마사지 5. Slotspot Casino.