Section 2.29 Assault and Battery Judgment in Bankruptcy

• Library: Tort Law 2016

C. (§2.29) Assault and Battery Judgment in Bankruptcy

A bankruptcy court granted issue preclusion based on a state court judgment of assault and battery and found that the debtor was collaterally estopped from relitigating the issue, in the debtor’s bankruptcy proceeding, of whether the plaintiff’s injury was a result of the debtor’s willful and malicious conduct. In re Harmon, 404 B.R. 521, 524 (Bankr. W.D. Mo. 2009) (Dow, B.J.). Damages assessed as a result of a judgment rendered in a battery or...