Legal Opinion

B.B. v. Bradley

Bankruptcy Appellate Panel of the First Circuit

Decided March 7, 2012No. BAP No. MB 11-062; Bankruptcy No. 10-16021-WCH; Adversary No. 10-01239-WCHPublishedCited by 1 opinion

1Opinion of the Court

HAINES, Bankruptcy Judge.

Chapter 7 debtor John R. Bradley appeals the bankruptcy court’s order granting summary judgment for the plaintiff, *584B.B.,1 on her claim that the judgment debt owed her is excepted from discharge pursuant to § 523(a)(6) of the Bankruptcy Code.2 Summary judgment was premised on the issue preclusive effect of B.B.’s pre-bankruptcy state court judgment. But because the record does not establish that all elements of B.B.’s § 523(a)(6) claim were finally determined in the state court litigation, we will VACATE the order granting summary judgment and REMAND the matter for…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Taylor v. SturgellSupreme Court of the United States · 2008
  5. Kawaauhau v. GeigerSupreme Court of the United States · 1998

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3Cited by1 opinion

  1. In Re BradleyBankruptcy Appellate Panel of the First Circuit · 2012

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