In re: Mark M. Han (10 B 33523); Steven W. Huang and Andrew C. Lee (11 A 00697)

Defendant brought a motion for summary judgment on Plaintiffs' adversary complaint which sought to except certain debts from discharge under 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), & (a)(6). Defendant sought a determination that Plaintiffs' complaint was barred by res judicata because of a prior action brought in state court. The court ruled that Plaintiffs were judicially estopped from denying a final judgment had been entered in the state court as Plaintiffs had engaged in supplementary proceedings, treating the judgment as final. Summary judgment was granted in favor of Defendant on Counts I and II. Defendant did not succeed on Count III because Plaintiffs did receive a judgment which could support a willful and malicious injury.

Thursday, July 21, 2011