Jeffries v. Buckley (In Re Buckley)

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

This adversary proceeding is before the Court on cross-motions for summary judgment filed by the plaintiff, Michael Jeffries (“Jeffries”), and the defendant, John V. Buckley, III (“Buckley” or “Debtor”). Jeffries seeks a judgment declaring as a matter of law that a debt owed to him by Buckley is nondischargeable under 11 U.S.C. § 523(a)(10) because (1) Buckley was denied a discharge in a prior California Chapter 7 bankruptcy case, and (2) the debt was or could have been listed or…