United States Tenth Circuit

In an adversary proceeding in bankruptcy court by a creditor claiming that debtor's debt was undischargeable because of a finding in a prior action that the debtor committed fraud, summary judgment for plaintiff is affirmed where defendant was barred from defending the action by issue preclusion because the issue of his fraud was actually litigated in the prior case.

Appellate Information

• Decided 09/30/2009
• Published 09/30/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• Jeffrey R. Siegel, The Siegel Law Firm, Kansas City, MO, for Defendant-Appellant., Colin N. Gotham, Evans & Mullinix, P.A., Shawnee, KS, for Plaintiff-Appellee.