(6th Cir. B.A.P. Mar. 15, 2018)
The B.A.P. affirms the bankruptcy court’s decision finding the debt nondischargeable and denying the debtor’s Rule 60(b) motion to set aside the judgment. The debtor argued that newly discovered evidence established that the creditor’s expert witness presented false testimony. The bankruptcy court concluded that the evidence was not dispositive and that the debtor failed to show it could not have been discovered with reasonable diligence prior to judgment. Opinion below.
Attorney for Creditor: James E. Kolenich
Attorney for Debtor: Robert Gregory Kelly
Author: Matt Lindblom