California Capital Insurance Co. v. Riley (In Re Riley)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
9 years 8 months ago

Citation:

California Capital Insurance Co. v. Riley (In Re Riley), Case No. CC-15-1379-TaLKi (9th Cir. BAP Jun. 8, 2016) (unpublished)

Tag(s):

Ruling:

Bankruptcy court judgment affirmed in favor of debtor in an adversary proceeding where creditor objected to discharge of its claim under § 523(a)(6).

Procedural context:

Appeal from the bankruptcy court for the Central District of California entering judgment for the debtor under 11 U.S.C. § 523(a)(6), reviewed de novo.

Facts:

Creditor-appellant argued that bankruptcy court erred in determining that a state court default judgment it had received against the debtor was not excepted from discharge. The BAP held that the state court judgment did not have preclusive effect because it did not establish all of the elements of the §523(a)(6) claim, and the terminating sanction issued by the court did not support nondischargeability. Furthermore, requests for admissions filed by the creditor similarly failed to establish all elements required for § 523(a)(6) nondischargeability.

Judge(s):

Taylor, Landis, and Kirscher

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