Ride v. Medeiros (In Re Medeiros)
United States Bankruptcy Court, D. Rhode Island
1Opinion of the Court
DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.
Before the Court is Plaintiff’s Motion for Summary Judgment in the above referenced adversary proceeding, and the Objection of Michael Medeiros, the Debtor/Defendant. At issue is whether a state court judgment by default constitutes res judica-ta in a subsequent § 523(a)(6) action to determine the dischargeability of a claim that was the subject of the prior state court action. For the reasons discussed below, we conclude that it does. The pertinent procedural background is as follows:
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2Cases cited13 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Allen v. McCurrySupreme Court of the United States · 1980
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Commonwealth of Massachusetts v. Vincent HaleCourt of Appeals for the First Circuit · 1980
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3Cited by1 opinion
- Ballard v. Souza (In re Souza)United States Bankruptcy Court, D. Rhode Island · 2001