Wharton v. Shiver (In re Shiver)

Ruling: 
State default judgment in fraud case was "fully litigated" and determinative of nondischargeability of debt.
Procedural posture: 
Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that their debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The creditors had obtained a Florida state court default judgment for fraud and contended that the full faith and credit statute, 28 U.S.C.S. § 1738, required that the Florida fraud judgment be given preclusive effect. The parties filed cross-motions for summary judgment.
Issue: 
ABI Membership is required to access the full summary of Wharton v. Shiver (In re Shiver). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 05,2008, LexisNexis #1208-080