Neal v. Surls (In Re Surls)

MEMORANDUM OPINION

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Plaintiffs Robert and Cynthia Neal (the Neals) filed a motion for summary judgment, based upon the doctrines of res judi-cata and/or collateral estoppel, as to Count I of a Complaint to determine the dis-chargeability of a judgment debt. Debtors and defendants Henry and Terry Suris (the Suris) object to the granting of such motion claiming there is a factual dispute as to whether the Suris have had a full and fair opportunity to litigate the issue of fraud. This is a core proceeding under 28 U.S.C. § 157(b)(2)(I) over which the Court has…