The U.S. Bankruptcy Court for the District of Colorado issued its opinion in Diamond v. Vickery (In re Terry Kenneth Vickery) on Monday, October 17, 2011.
11 U.S.C. §§ 523(a)(2), (a)(4), and (a)(6), and collateral estoppel
Plaintiff judgment creditor’s motion for summary judgment based on issue preclusion was denied. The Court analyzed the preclusive effects of Plaintiff’s two judgments according to the law of the forums in which they were rendered. With respect to the judgment from the federal district court in California, the Court could not determine from the jury verdict that the elements necessary for nondischargeabilty under 11 U.S.C. §§ 523(a)(2), (a)(4), or (a)(6) had been necessarily decided. With respect to the Colorado judgment, issue preclusion did not apply because the judgment was pending on appeal.