(Bankr. S.D. Ind. Feb. 24, 2017)
The bankruptcy court denies the plaintiff’s motion for summary judgment in this nondischargeability action under 11 U.S.C. §§ 523(a)(2), (4), and (6). The plaintiff argued that a state court judgment collaterally estopped the debtor from defending against the claims. The court holds that the findings in the state court judgment are insufficient to prevent the debtor from asserting a defense in this action. Opinion below.
Attorney for Plaintiff: Mulvey Law LLC, Joseph L. Mulvey
Attorney for Debtor: Mercho Caughey & DeLay, Tarek Elias Mercho
Author: Matt Lindblom