Patel v. Patel (In re Patel)

Apr

2006

Ruling

Creditor was denied summary judgment since collateral estoppel did not apply and state court judgment did not establish fraud within meaning of section 523(a).

Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that the debt owed to him was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6). The creditor moved for summary judgment, contending that because the underlying grounds for finding nondischargeability were decided in a state court proceeding, the debtor should be collaterally estopped from relitigating the issues.

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Court :

Northern District of Illinois ( Judge Sonderby ) [ Bankruptcy Court ]

opinion summary, case decided on April 06, 2006 , LexisNexis #0706-059

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