Legal Opinion

Estate of Hamilton v. Hamilton (In re Hamilton)

United States Bankruptcy Court, N.D. Indiana

Decided October 23, 2012No. Bankruptcy No. 11-13605; Adversary No. 11-1180Published

1Opinion of the Court

DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

ROBERT E. GRANT, Chief Judge.

By this adversary proceeding, the court has been asked to declare that the debtor’s obligation to the plaintiff is non-discharge-able, either as embezzlement or a willful and malicious injury, pursuant to § 523(a)(4) or § 523(a)(6) of the United States Bankruptcy Code. That debt is represented by a judgment the plaintiff re*915ceived from the Grant Superior Court. The plaintiff has filed a motion for summary judgment based upon the proposition that, through collateral estoppel, the findings from the state court…

2Cases cited15 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. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  4. Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
  5. In the Matter of Donald Weber and Roxanne Weber, Debtors. Appeal of Michael C. Ablan, CreditorCourt of Appeals for the Seventh Circuit · 1989

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