- 11 U.S.C.
Burke v. Neronha (In re Neronha)
Jun
30
2006
Ruling
Court denied creditor summary judgment on issue of debt dischargeability since state agency award did not establish necessary elements under section 523(a)(6).
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendants, husband and wife debtors, seeking a determination that her debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The underlying debt involved an award for sexual harassment. The creditor moved for summary judgment, arguing that the adjudication by the state agency had preclusive effect as to all the necessary elements under section 523(a)(6). The debtor moved to dismiss.
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Court
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