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The bankruptcy court grants the creditor's motion for
summary judgment in this nondischargeability action. The creditor
had obtained a default judgment against the debtor in state court,
after the debtor ceased participating in that litigation.
The bankruptcy court grants the creditor's motion for
summary judgment in this nondischargeability action. The creditor
had obtained a default judgment against the debtor in state court,
after the debtor ceased participating in that litigation. The
default judgment contained specific findings of fact that satisfied
the elements of 11 U.S.C. § 523(a)(6), which applies to claims
for conduct causing a "willful and malicious injury." The
court holds that collateral estoppel applies and summary judgment
is appropriate. Opinion below.
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