Kaltschmidt v. Shannon (In re Shannon) (Case No. 18-61757; A.P. No. 20-06025) 02/04/2021
The plaintiff filed a motion for summary judgment in this adversary proceeding seeking to except the debtor’s debt owed to the plaintiff from discharge under section 523. The plaintiff based his motion for summary judgment on a collateral estoppel theory, relying on a Montana state court’s judgment which had found the defendant liable for fraud, constructive fraud, and breach of fiduciary duty. The Court found that the elements for collateral estoppel on the plaintiff’s 523(a)(2)(A) count were satisfied and thus granted judgment as a matter of law in the plaintiff’s favor.