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IN RE ASBURY

Bankruptcy No. 95-10552-399. Adv. No. 96-1005.

195 B.R. 412 (1996)

In re Brian ASBURY and Patricia A. Asbury, a/k/a Patricia A. Christisen, Debtors. Michael R. MEYER, Executor of the Estate of Eugene H. Meyer, Plaintiff, v. Brian ASBURY, Defendant.

United States Bankruptcy Court, E.D. Missouri, Southeastern Division.

April 1, 1996.

Attorney(s) appearing for the Case

James J. Haller, Columbia, IL, for Plaintiff.

Dennis C. Brewer, Perryville, MO, for Defendant.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

Plaintiff's Motion for Summary Judgment in this adversary proceeding presents the issue of whether collateral estoppel precludes a debtor from litigating an issue in a bankruptcy court dischargeability action when a default judgement previously was entered against the debtor in a state court action. The Court holds that it does not.

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