- 11 U.S.C.
Success Bank v. McPherson (In re McPherson)
May
26
2011
Ruling
Collateral estoppel could not be applied in dischargeability proceeding based on state court default judgment that did not specify whether fraud count was included.
Procedural posture
Creditor filed a complaint against chapter 7 debtors seeking a determination that a debt for monies loaned to a car dealership, which was personally guaranteed by the debtor husband, was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) or (a)(2)(B). The creditor filed a motion for summary judgment based on a state court judgment and the theory of collateral estoppel.
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Court
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