Case No. G11-23744-REB, (Richard J. Steffy v. State of Arkansas ex rel., Dustin McDaniel, Attorney General), Adversary Proceeding No. 12-2041; entered on 2012-11-21; Docket No. 20. (In Chapter 7 case, Defendants filed motion for partial summary judgment on Plaintiff-Debtor's complaint seeking determination of dischargeability concerning claims for restitution and civil penalties arising in state court litigation. Court decided Defendants' pursuit of its claims came within exception to automatic stay under 11 U.S.C. Section 362(b)(4) in the enforcement of state consumer protection laws. Court also decided Defendants entitled to preclusive effect on their claim pertaining to civil penalties as awarded, and same were excepted from discharge under 11 U.S.C. Section 523(a)(7). Court further determined that portion of award relating to restitution was not excepted from discharge.
File:
Date:
11/21/2012