Falk Engineering & Surveying, Inc. v. Luedtke (In Re Luedtke)

DECISION ON THE APPLICATION OF COLLATERAL ESTOPPEL

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This matter comes before the Court on the Plaintiffs, Falk Engineering & Surveying, Inc.’s (“Falk”), complaint to determine the dischargeability of debt filed against the debtor, James Edward Luedtke (“Luedtke”). In its complaint, Falk asserts that Luedtke’s debt to it should be excepted from discharge pursuant to 11 U.S.C. § 523(a), particularly § 523(a)(2)(A) and § 523(a)(4). Falk contends that the exception from discharge allegations pled in the foregoing complaint are subject to the doctrine of…