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Treadwell v. Lodge (In re Treadwell)

Treadwell v. Lodge (In re Treadwell)

Ruling
On remand, collateral estoppel held to apply to debt as nondischargeable on grounds of fraud, which was imputed to debtor spouse.
Procedural posture

Husband and wife debtors brought an adversary proceeding against creditor to avoid a lien, and the creditor counterclaimed for nondischargeability of a judgment debt under 11 U.S.C.S. § 523(a) based on the debtors' fraud. Upon remand from the U.S. Court of Appeals for the Eighth Circuit, the bankruptcy court considered whether collateral estoppel applied and whether the wife's fraud was imputed to the husband.

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Consumer opinion summary, case decided on September 27, 2011 , LexisNexis #0112-050