Stone v. Becker (In re Becker)

MEMORANDUM ORDER GRANTING SUMMARY JUDGMENT

DOUGLAS 0. TICE, JR., Bankruptcy Judge.

Introduction

On March 9, 1988, the plaintiff filed a complaint under Bankruptcy Code Section 523(a)(4) to determine the dischargeability of a debt evidenced by a state court judgment. Prior to trial, the plaintiff filed a motion for summary judgment under Fed. R.Civ.P. 56 contending that the state judgment rendered pre-petition was determinative of the factual matters raised by the plaintiff’s dischargeability complaint. By her motion the plaintiff asks that collateral estoppel effect be given the state court…