Falk Engg & Surveying Inc. v. Luedtke (In re Luedtke)
Apr
02
2010
Ruling
Collateral estoppel did not apply to nondischargeability proceeding where state court judgments did not satisfy fraud or larceny elements.
Procedural posture
In this adversary proceeding, plaintiff creditor filed a complaint asserting that the amount owed by defendant debtor to the creditor pursuant to a state court judgment should be excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). The creditor argued that the doctrine of collateral estoppel applied.
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Court
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