As reported by Robin Miller of CBAR, a Michigan Debt for statutory conversion was nondischargeable under Code § 523(a)(6): Based in part on facts established in the state court judgment, and in part on facts established in the trial of the creditor’s adversary proceeding, the court found that the debtor’s injury to the creditor was…
Default judgment is given effect under Michigan law of Collateral Estoppel
Robin Miller of CBAR posted the following: Default judgment is given effect under Michigan law of collateral estoppel, to wit: Elements of collateral estoppel under Michigan law: Under Michigan law, the following requirements must be met in order for collateral estoppel to apply: (1) there is identity of parties across the proceedings; (2) there was…
Michigan Creditor Failed to Prove Scienter of Debtor’s Knowledge of Alleged “Misrepresentation”
As reported by Robin Miller of CBAR, a Michigan Creditor failed to show that debtor knew that misrepresentation was false and the creditors claim was ruled to be dischargeable: The judgment creditor failed to prove that the Chapter 7 debtor knew that his statement, that he was an authorized member of the limited liability company…
Default judgment is given effect under Tennessee law of collateral estoppel
Robin Miller of CBAR reports that a default judgment is given effect under Tennessee law of collateral estoppel. The elements of collateral estoppel under Tennessee law: Under Tennessee law, collateral estoppel bars relitigation of an issue if it was raised in an earlier case between the same parties, actually litigated, and necessary to the judgment…
State-court default judgment on fraud claims was nondischargeable under Code § 523(a)(2)(A)
Robin Miller of CBAR reports that a state court default judgment on a fraud claim was nondischargeable based on the following case law developments: Elements of nondischargeability under Code § 523(a)(2)(A): To except a debt from discharge under Code § 523(a)(2)(A), a creditor must prove each of the following elements by a preponderance of the…
Detroit Pensioner’s Will Suffer Unprecedented Cuts Under Proposed Plan by Emergency Manager Kevyn Orr
As reported by the ABI: Detroit Emergency Manager Kevyn Orr laid out plans yesterday for changes to the city’s two retirement systems even as bankruptcy proceedings continue, Reuters reported yesterday. Orr, who was tapped by Michigan’s governor in March 2013 to run Detroit, said all current and new city workers will be subject to the changes effective…
What are the Elements of a Discharge Violation Injunction?
Robin Miller of CBAR reports: A debtor who alleges a violation of § 524(a)(2) must establish by clear and convincing evidence that the creditor (1) violated the discharge injunction and (2) did so with actual knowledge of the injunction. The standard does not require proof that the creditor deliberately violated the injunction. In re Campbell,…