Tobin v. Labidou (In re Labidou)
Sep
08
2009
Ruling
Judgment that did not include specific findings as to debtor's fraud was not basis for nondischargeability.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors seeking a determination that the debtors' judgment debt to the creditor was not dischargeable in the debtors' bankruptcy under 11 U.S.C.S. § 523(a) based on the debtors' fraud and larceny. The creditor moved for summary judgment based on the preclusive effect of the state-court judgment.
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Court
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