Daisy Couloote Phillip v. David A. Reecher (In re Reecher), Adversary Pro. No. 12-00061
Counsel for Plaintiff: Joseph H. Ostad, Esq.
Counsel for Defendant: Steven A. Allen, Esq.
The plaintiff sought an order declaring a judgment entered by the Circuit Court for Prince George’s County, Maryland against the defendant in the amount of $2,650,000 non-dischargeable under 11 U.S.C. § 523(a)(2) by reason of fraud, false pretenses, and misrepresentations with actual malice and intent to deceive. The Bankruptcy Court, David E. Rice, J., held that the defendant was bound by the judgment entered in the Circuit Court and was not entitled to re-litigate his liability, and that compensatory damages of $150,000 and punitive damages of $1,500,000 (awarded by the Circuit Court in the amount of $500,000 on each of three counts for intentional misrepresentation, civil conspiracy and concealment and non-disclosure) were excepted from discharge. The court held the remaining punitive damages of $1,000,000 awarded by the Circuit Court for constructive fraud and conversion to be discharged.