Case Summary:
In 1996 Debtor physically attacked Plaintiff.  Debtor was charged with aggravated battery with intent to cause substantial bodily harm and pled guilty.  In 1998 Plaintiff commenced an intentional tort action against Debtor.  Prior to judgment being rendered debtor filed her Chapter 7 petition staying the tort action.  Plaintiff filed this adversary proceeding seeking summary judgment arguing that as a result of the guilty plea in the criminal action, debtor was collaterally estopped from contesting the willful and malicious nature of the injury that gave rise to the debt.  The Court denied the summary judgment motion.  The parties agreed to lifting the stay to permit the state tort action to proceed to judgment, which was subsequently entered.  Plaintiff then moved for summary judgment for a second time contending that the tort judgment supports collateral estoppel and bars debtor from contesting the willful and malicious nature of her debt for purposes of § 523(a)(6).  This Court determined that she was correct and granted her motion for summary judgment.

Statute/Rule References:
11 U.S.C. § 523(a)(6) -- Nondischargeability - Willful and Malicious Injury
28 U.S.C. § 1738 -- State and Territorial Statutes and Judicial Proceedings: Full Faith and Credit
Wis. Stat. § 940.19(5)

Key Terms:
Collateral Estoppel
Discharge
Summary Judgment