- 11 U.S.C.
Barber v. Banker (In re Banker)
Apr
13
2006
Ruling
Judgment debt was deemed nondischargeable and debtor was collaterally estopped from challenging state court fraud findings since state common law fraud elements were virtually identical to those found in section 523(a)(2)(A).
Procedural posture
Plaintiff former wife sued defendant debtor, seeking a determination that a judgment debt was nondischargeable under 11 U.S.C. § 523 and that the findings of fraud by the California state court in the judgment established the nondischargeability of the judgment debt. The wife moved for summary judgment. The court held an evidentiary hearing.
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Court
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