Jackson v. Spencer (In re Spencer)

MEMORANDUM OF DECISION AND ORDER

PRESENT: HONORABLE SCOTT W. DALES, Chief United States Bankruptcy Judge

I. INTRODUCTION

This non-dischargeable debt action is before the court on a motion for summary judgment premised largely on the preclu-sive effect of a state court judgment that is on appeal. At issue is the claim that chapter 7 debtor Jay D. Spencer converted $180,000.00 in retirement assets belonging to Jolan Jackson.

Although the state court’s order is not yet entitled to collateral estoppel effect, the record in the bankruptcy court (including the state court’s orders) nevertheless…