Hunnicutt v. Wellever (In Re Wellever)

OPINION

COLLATERAL ESTOPPEL EFFECT OF A STATE COURT JUDGMENT ON DISCHARGEABILITY PROCEEDINGS

LAURENCE E. HOWARD, Chief Judge.

On April 26, 1989, I heard and granted from the bench the motion of the plaintiff, Gina Kathleen Hunnicutt, for partial summary judgment against the debtor, Glenn E. Wellever, under 11 U.S.C. § 523(a)(6). The following opinion restates my bench opinion and is intended to expand upon and clarify that opinion.

Previously, I had denied the plaintiff’s motion for summary judgment on the grounds that the plaintiff had not provided me with enough of the state court record that…