CMCO Mortgage, LLC v. Hill

(Bankr. W.D. Ky. Nov. 2, 2015)

The bankruptcy court grants the creditor’s motion for summary judgment in this nondischargeability action. The creditor had obtained a default judgment against the debtor in state court, after the debtor ceased participating in that litigation. The default judgment contained specific findings of fact that satisfied the elements of 11 U.S.C. § 523(a)(6), which applies to claims for conduct causing a “willful and malicious injury.” The court holds that collateral estoppel applies and summary judgment is appropriate. Opinion below.

2015-11-02 – cmco mortgage v hill

Author: Matt Lindblom

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