Couch v. Panther Petroleum, LLC (In re Couch)

(6th Cir. Nov. 6, 2017)

The Sixth Circuit affirms the B.A.P., holding the entry of summary judgment in favor of the creditors in the nondischargeability action was appropriate. The creditors obtained a default judgment against the debtor in Tennessee state court. The default judgment was on the merits and the doctrine of collateral estoppel applied. Opinion below.

Judge: Rogers

Appellant: Pro Se

Attorneys for Creditors: Keating, Muething & Klekamp, Joseph E. Lehnert, Brian P. Muething, Jason V. Stitt

2017-11-06 – in re couch

Author: Matt Lindblom

Savino v. Dodd (In re Dodd)

(Bankr. S.D. Ind. July 14, 2017)

The bankruptcy court denies the creditor’s motion for summary judgment in this nondischargeability action under 11 U.S.C. § 523(a)(2), (4), and (6). The creditor argued the debtor should be collaterally estopped from defending based on a prepetition judgment entered against the debtor. The court concludes that the issues were not “fairly and fully litigated” in the state court, and thus summary judgment based on collateral estoppel is not appropriate. Opinion below.

Judge: Moberly

Attorneys for Plaintiff: Blackwell, Burke & Ramsey, P.C., David M. Bullington, Jason R. Burke

Attorneys for Debtor: Halcomb Singler, LLP, Erika K. Singler

2017-07-14 – in re dodd

Author: Matt Lindblom

Trost v. Trost (In re Trost)

(6th Cir. B.A.P. June 28, 2017)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s entry of summary judgment, finding the debt owed to the plaintiff nondischargeable under 11 U.S.C. § 523(a)(6). The plaintiff had obtained a judgment against the debtors in state court on a conversion claim. The court holds that collateral estoppel applies and the elements of § 523(a)(6) were satisfied by the state court judgment. Opinion below.

Judge: Delk

Attorneys for Debtors: Schram, Behan & Behan, Michael R. Behan; Eiler Law Firm, Christian Michael Eiler

Attorneys for Plaintiff: Troy Richmond Hendrickson

2017-06-28 – in re trost

Author: Matt Lindblom

National Labor Relations Board v. Calvert

(S.D. Ind. Mar. 31, 2017)

The district court affirms the bankruptcy court’s ruling in favor of the debtor in the nondischargeability action. The NLRB argued its claim against the debtor should be denied under 11 U.S.C. § 523(a)(6). The court holds that the prepetition administrative ruling finding the debtor acted out of “antiunion animus” did not necessarily satisfy the  requisite intent required under § 523(a)(6). Collateral estoppel did not apply. Opinion below.

Judge: Barker

Attorneys for NLRB: Dalford D. Owens , Jr., William R. Warwick

Attorneys for Debtor: Faegre Baker Daniels LLP, Dustin R. DeNeal, Harmony A. Mappes

2017-03-31 – national labor relations board v calvert

Author: Matt Lindblom

Hunt v. Spencer (In re Spencer)

(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.

Judge: Carr

Attorney for Plaintiff: Mulvey Law LLC, Joseph L. Mulvey

Attorney for Debtor: Mercho Caughey & DeLay, Tarek Elias Mercho

2017-02-24-in-re-spencer

Author: Matt Lindblom

Panther Petroleum, LLC v. Couch (In re Couch)

(6th Cir. B.A.P. Feb. 2, 2017)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s judgment in favor of the plaintiffs in the nondischargeability action. Collateral estoppel prevented the debtor from defending against the claim that the debt arose from fraud and a willful and malicious injury. A Tennessee state court had entered a default judgment against the debtor that included specific factual findings that established a claim for nondischargeability under 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6). Opinion below.

Judge: Opperman

Attorneys for Plaintiffs: Keating, Muething & Klekamp, Joseph E. Lehnert, Brian P. Muething, Jason V. Stitt

Attorneys for Debtor: Hamm, Milby & Ridings, Roger Aaron Hostettler

2017-02-02-in-re-couch

Author: Matt Lindblom

 

Nelson v. Taylor (In re Taylor)

(Bankr. E.D. Ky. Nov. 28, 2016)

The bankruptcy court enters summary judgment in favor of the plaintiffs in this 11 U.S.C. § 523(a)(6) nondischargeability action. The plaintiffs had obtained a state court default judgment against the debtor for damages caused to them when the debtor drove to their home and shot one of the plaintiffs and injured the other plaintiff with flying debris. The court holds that collateral estoppel bars the debtor from relitigating the issue of whether the debtor caused a willful and malicious injury to the plaintiffs. Opinion below.

Judge: Wise

Attorney for Plaintiff: Noah R. Friend Law Firm, PLLC, Noah R. Friend

Attorney or Defendant: Jeanne K. Channell

2016-11-28-in-re-taylor

Author: Matt Lindblom