11 U.S.C. §523(a)(2)(a), (4), (6); Dischargeability of Debt
In re Lemmons (Estate of Newton v. Lemmons), 2005 Bankr. LEXIS 2765 (Adv. No. 00-6828) (Bankr. N.D. Ga. 2005) (Diehl)
The state court entered judgment against the debtor in the amount of $1,019,000, predicated on claims of fraud, conversion and breach of fiduciary duty, and the judgment creditor sought summary judgment in its adversary proceeding filed pursuant to §523. The court compared the elements of the state law causes of action for which the debtor was found liable, and determined that the creditor had established all of the elements of collateral estoppel. Summary judgment was granted the creditor and the debt was excluded from the debtor’s discharge.