- 11 U.S.C.
Busenhart v. Repass (In re Repass)
Dec
02
2011
Ruling
Creditor collaterally estopped from pursuing dischargeability proceeding by adverse state court judgment.
Procedural posture
Plaintiff filed a complaint to determine dischargeability of the debt of defendant debtors under 11 U.S.C.S. §§ 523, 1328. The complaint alleged that debtors committed "hundreds" of libelous and tortious acts that injured him and referred specifically to a posting in which he was referred to as a drug dealer. It appeared that § 523(a)(6) was the only applicable subsection of § 523(a). Debtors moved for summary judgment.
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Court
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