- 11 U.S.C.
Adler v. Ng (In re Adler)
Sep
15
2008
Ruling
Denial of discharge for fraud reversed due to improper application of collateral estoppel.
Procedural posture
Appellee creditors brought an adversary proceeding against appellant bankruptcy debtor seeking a determination that a debt was not dischargeable based on fraud under 11 U.S.C.S. § 523(a)(2)(A), seeking denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A). The debtor appealed the order of the United States Bankruptcy Court for the Eastern District of New York which granted partial summary judgment to the creditors.
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Court
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