Date: 05-10-2001

Case Style: Kennedy v. Mustaine

Case Number: 99-6484

Judge: Clay

Court: United States Circuit Court of Appeals for the Sixth Circuit

Plaintiff's Attorney: Richard Kelly Harris, Louisville, Kentucky

Defendant's Attorney: Richard A. Schwartz of Kruger, Schwartz & Morreau, Louisville, Kentucky

Description: Thomas Joseph Kennedy and his wife Diane Michelle Kennedy, appeal from the judgment entered by the district court on September 29, 1999, affirming the order entered by the United States Bankruptcy Court for the Western District of Kentucky, granting summary judgment to Creditors-Appellees, Phillip B. Mustaine and his wife Phyllis J. Mustaine - Plaintiffs in the underlying adversary proceeding and parents of Debtor Diane Kennedy - on Creditors' claim for nondischargeability of their judgment obtained against Debtors in Michigan state court on a defamation suit in the amount of $65,000. * * *

Outcome: We now AFFIRM the district court's judgment on the basis that the debt is nondischargeable under Kawaauhua v. Geiger, 523 U.S. 57 (1998).

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

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