- 11 U.S.C.
Mann Bracken LLP v. Powers (In re Powers)
Dec
17
2009
Ruling
State court judgment that did not make requisite findings of "willful and malicious" conduct did not estop debtor from contesting dischargeability.
Procedural posture
Plaintiffs, creditors in this adversary action against defendant debtor, filed a motion asking the court to rule that, based upon an order entered pursuant to Fed. R. Civ. P. 11 in a prior lawsuit in a federal district court sanctioning the debtor, the debtor was collaterally estopped from arguing that the sanction could be discharged in his chapter 7 bankruptcy.
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Court
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