Phillips v. Weissert (In Re Phillips)

STEVEN RHODES, Bankruptcy Appellate Panel Judge,

concurring.

I join in the Panel’s affirmance of the bankruptcy court’s judgment. The bankruptcy court’s findings in support of its judgment for the plaintiff were certainly not clearly erroneous.

I write separately, however, because I disagree with the majority opinion’s conclusion regarding collateral estoppel. In my view, the bankruptcy court erred in granting Mrs. Phillips’ motion for summary judgment on the issue of whether the state court judgment was preclusive as to the factual findings required for a determination of nondisehargeability.…