MATTER OF BRINK

Adv. No. 82-0133.

27 B.R. 377 (1983)

In the Matter of Curtis V. BRINK a/k/a Curtis Vaughn Brink f/d/b/a Brinkwood Builders, Debtor. David ZEUNERT, d/b/a David Zeunert & Associates, Plaintiff, v. Curtis V. BRINK, Defendant.

United States Bankruptcy Court, W.D. Wisconsin.

February 4, 1983.


Attorney(s) appearing for the Case

Jonathan D. Jackson, Jr., Madison, Wis., for plaintiff.

Michael P. Erhard, Foley & Lardner, Madison, Wis., for defendant.


DECISION DENYING SUMMARY JUDGMENT

ROBERT D. MARTIN, Bankruptcy Judge.

Plaintiff has moved for summary judgment in the action under 11 U.S.C. § 523(a)(2) on the basis of a default judgment entered in an Illinois trial court on claims of fraud. No evidence of the alleged fraud was produced in that Illinois action and none has been made a part of the record on which this motion is to be decided.

This court has previously held that neither res judicata...

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