Title | In re Paul and Capri McClendon. Gulati v. McClendo |
Judge |
James F. Schneider
|
Entered |
|
Case Number |
08-17058
|
Summary |
Creditor filed complaint to determine State court judgment nondischargeable for fraud under 11 U.S.C. §§ 523(a)(2). State court judgment was entered after debtors filed one page pro se answer but did not appear for trial. Held, collateral estoppel did not apply to render State court judgment nondischargeable under 523(a)(2)(A) because it was not based on the debtor’s intent not to perform a contract; further, collateral estoppel did not apply to render State court judgment nondischargeable under 523(a)(2)(B) because it was not based upon a written misrepresentation of financial ability. |
Document(s) |
|