IN RE PORTER

No. 07-3387.

539 F.3d 889 (2008)

In re Michael Allen PORTER; Patricia Diane Porter, Debtors. Holly Sells, Appellee, v. Michael Allen Porter, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2008.

Rehearing and Rehearing En Banc Denied September 19, 2008.


Attorney(s) appearing for the Case

James F. Dowden, argued, Little Rock, AR, for appellant.

Roland Ray Fulmer, argued, Fort Smith, AR, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Michael Allen Porter filed for bankruptcy under Chapter 7 of the Bankruptcy Code. Holly Sells filed an adversary complaint against Porter, seeking to bar the discharge of a judgment debt that she had obtained against him in an employment retaliation case. The bankruptcy court gave collateral estoppel effect to the judgment, finding that the jury in the retaliation case necessarily found that Porter willfully and maliciously injured Sells. Accordingly...

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