Anderson v. Fisher (In re Anderson)

(6th Cir. B.A.P. Sep. 15, 2014)

The Sixth Circuit B.A.P. affirms the bankruptcy court’s summary judgment in favor of the plaintiffs in a non-dischargeability action. The plaintiffs had obtained a penalty default judgment in Tennessee state court against the debtors on claims including fraud and misrepresentation. Discussing its earlier Calvert and Spilman decisions and the Supreme Court’s Marrese decision, the court holds that the default judgment should be given preclusive effect and thus affirms the non-dischargeability judgment. Opinion below.

2014-09-15 – in re anderson