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IN RE FRANCIS

BAP No. 98-8023.

226 B.R. 385 (1998)

In re Frank P. FRANCIS, also known as Francis General Construction, Debtor. ED SCHORY & SONS, INC. and Robert G. Schory, Jr., Plaintiffs-Appellees, v. Frank P. FRANCIS, also known as Francis General Construction, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided November 10, 1998.

Attorney(s) appearing for the Case

Richard A. Princic, Day, Ketterer, Raley, Wright & Rybolt, Canton, OH, for Appellees.

Joseph F. Scott, Canton, OH, for Appellant.

Before LUNDIN, RHODES, and STOSBERG, Bankruptcy Appellate Panel Judges.

OPINION

The Debtor, Frank P. Francis, has appealed the bankruptcy court's grant of summary judgment in favor of the Plaintiffs (Schory) in a nondischargeability action under § 523(a)(2)(A). The bankruptcy court determined that due to several prior state court decisions, collateral estoppel barred Francis from relitigating whether his debt resulted from his fraud. The Ohio Supreme Court had previously held that a letter in which Francis admitted that he had...

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