- 11 U.S.C.
Bank of Am. V. MBNA Am. Bank (In re Malfatti)
May
28
2010
Ruling
Default judgment issued in case based on fraudulent debt elimination scheme after debtor violated court orders was nondischargeable.
Procedural posture
Plaintiff banks sought summary judgment on an adversary complaint seeking a determination that, by the application of collateral estoppel, the liability of defendant debtor under a pre-bankruptcy default judgment issued by a state court was nondischargeable per 11 U.S.C.S. § 523(a)(6). Issues included the effect, if any, on the application of collateral estoppel that the judgment was a default judgment issued after debtor violated court orders.
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Court
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