IN RE ZWANZIGER

BAP No. WO-11-080. Bankruptcy No. 09-15036. Adversary No. 09-01195.

467 B.R. 475 (2012)

In re Wolfgang Friedrich ZWANZIGER, Debtor. William M. Clark, Jr., Chapter 7 Trustee of the Bankruptcy Estate of James R. Hamilton, and Richard A. Kus, Plaintiffs-Appellees, v. Wolfgang Friedrich Zwanziger, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 3, 2012.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Bruce F. Klein , Bruce F. Klein, PLLC, Oklahoma City, Oklahoma, for Plaintiffs-Appellees.

Michael J. Rose , Michael J. Rose, P.C., Oklahoma City, Oklahoma, for Defendant-Appellant.

Before BROWN, KARLIN, and SOMERS, Bankruptcy Judges.


BROWN, Bankruptcy Judge.

The issue before this Court is whether an appellate decision and accompanying remand instruction issued in prepetition litigation between Plaintiffs-Appellees and Debtor-Appellant have preclusive effect in a later nondischargeability proceeding in the bankruptcy court. The appellate decision issued by the Tenth Circuit affirmed a federal district court judgment that found Debtor committed fraud, but reversed on the issue of fraud damages and...

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