Date of Decision:
September 28, 2007
Whether Plaintiffs were entitled to summary judgment with respect to their complaint to determine dischargeability under 11 U.S.C. § 523(a)(6)?
Plaintiffs were entitled to summary judgment. Debtor-Defendant was collaterally estopped from relitigating the issue of whether his commencing a state court action against Plaintiffs – in which the jury returned a verdict for Plaintiffs on Plaintiffs’ counterclaim for barratry – fell within the parameters of 11 U.S.C. § 523(a)(6), which excepts from discharge any debt for willful and malicious injury.
Full Bankruptcy Court Decision:
On appeal, the U.S. District Court, the Hon. Charles B. Kornmann, reversed and set aside the Bankruptcy Court’s order granting summary judgment to Plaintiffs, because it found there was an issue of fact concerning Debtor-Defendant’s motives and intentions, and remanded the case for a trial on the merits. The Eighth Circuit Court of Appeals affirmed the District Court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion:
Full Eighth Circuit Court of Appeals Opinion: