HAMILTON, Circuit Judge.
In this bankruptcy appeal, creditor Dawn Marie Adams appeals from the bankruptcy court's denial of her claim against the estate of James Gregory
Because the decisions of the bankruptcy court and the district court were final orders as to Dawn's claim, we have jurisdiction over her appeal pursuant to 28 U.S.C. § 158(d). We find that the issues concerning the validity of Dawn's claim were previously adjudicated in the state courts and that the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Accordingly, we reverse and remand for further proceedings.
Debtor Greg Adams and creditor Dawn Adams had been married for about three years when they were divorced in 2004 by an order of the Superior Court of Jasper County, Georgia. The divorce decree and a 2006 modification required Greg to pay Dawn $61,295, secured by a note and a security agreement in certain trucks and equipment (including a "`Monster Truck' with a Summit Motor installed and currently identified as the `Annihilator'").
Greg failed to pay the judgment, however, and in 2007 Dawn sued him for breach of the note and security agreement in the Superior Court of Upson County, Georgia, where Greg had relocated. Greg asserted in his answer that the note had been paid in full, but he failed to appear for trial. The Upson County court entered judgment against him on June 27, 2008 and reduced all of Dawn's claims to a single judgment of $97,091. Greg did not appeal from the 2008 Upson County judgment.
While the Upson County proceeding was pending, Dawn also filed a motion for contempt against Greg in Jasper County, where the divorce had been finalized, for his failure to pay the monthly alimony payments that were due under the divorce decree and secured by the note.
By the spring of 2010, Greg had moved to Putnam County, Indiana. Dawn then sought to enforce the June 2008 Upson County judgment by registering it in the Putnam Circuit Court. That court also ruled in Dawn's favor, finding that Greg's "general denials/defense[s] are hereby overruled" and that the Upson County judgment was properly registered and entitled to full faith and credit for purposes of collection. Greg did not appeal.
Greg then sought to set aside the judgment in Georgia back in the Superior Court of Upson County. He argued that the Upson County judgment had been fully satisfied by the payment he had made towards the Jasper County contempt finding and that Dawn was attempting to perpetrate a fraud. The Upson County court denied Greg's motion, found it "without
Once again, Greg did not appeal or make payment. Instead, he filed for relief under Chapter 13 of the Bankruptcy Code in the Southern District of Indiana. Dawn filed a Proof of Claim for $74,612.25. Greg objected, arguing that Dawn's claim had "been satisfied through a variety of transactions which have occurred between the parties." Dawn responded that Greg's defenses had been fully and finally litigated in the Georgia state court actions and that his objection to her claim was barred by preclusion principles. The bankruptcy court sided with Greg and rejected Dawn's claim. In spite of the three final and unappealed rulings against Greg, the court said: "I can always hear what the value of a claim is." The bankruptcy court heard Greg's argument that the state courts had not properly credited him with certain payments and that the agreements underlying the judgments had been obtained under duress. The bankruptcy court then rejected Dawn's claim, stating:
Dawn appealed the bankruptcy court's ruling to the district court. The district court affirmed, finding that the bankruptcy court had the power to inquire into the validity of Dawn's claim and that she had failed to prove her claim by a preponderance of the evidence. Adams v. Adams, 2013 WL 752928, at *3-4 (S.D.Ind. Feb. 27, 2013). Dawn appeals.
Dawn Adams argues that the bankruptcy court was precluded from rehearing Greg's defenses pursuant to the doctrine of issue preclusion. We agree. Accordingly, we reverse for further proceedings.
Whether Greg's various defenses to Dawn's claim against his bankruptcy estate were litigated and resolved in the Georgia state courts, as required for application of issue preclusion, is a question of law that we review de novo. Reeves v.
Dawn's claim against Greg's bankruptcy estate is supported by several judgments of the Georgia state courts that culminated in the Upson County court's judgment of April 1, 2011 that Greg owed Dawn $74,612.25. In the Georgia state courts, Greg raised several defenses to Dawn's suits, including that he had not been credited for payments he had made toward what he owed and that the obligations underlying the judgments were procured by duress and fraud. Those arguments, predicated on the argument that the Georgia state court decisions in Dawn's favor were wrong, were heard and rejected by the Georgia courts.
Issue preclusion principles apply to prevent the relitigation of issues in bankruptcy proceedings, just as they do in other cases. See In re Bulic, 997 F.2d 299, 303-04 (7th Cir.1993) (applying issue preclusion to prevent debtors from relitigating issues decided by Indiana state court); see also Grogan v. Garner, 498 U.S. 279, 284 n. 11, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991) ("Our prior cases have suggested, but have not formally held, that the principles of collateral estoppel [issue preclusion] apply in bankruptcy proceedings under the current Bankruptcy Code.... We now clarify that collateral estoppel [issue preclusion] principles do indeed apply in discharge exception proceedings pursuant to § 523(a)."). Dawn argues that the bankruptcy court erred by failing to apply issue preclusion here.
To determine whether issue preclusion applied, we look to the preclusion law of the state where the judgment was rendered. 28 U.S.C. § 1738; Kremer v. Chemical Construction Corp., 456 U.S. 461, 481-82, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982). Georgia preclusion law applies here.
Under Georgia law, the doctrine of issue preclusion, also known as collateral estoppel,
Shields v. BellSouth Advertising & Publishing Corp., 273 Ga. 774, 545 S.E.2d 898, 900 (2001), quoting Gwinnett County Bd. of Tax Assessors v. General Electric Capital Computer Svcs., 273 Ga. 175, 538 S.E.2d 746, 748 (2000).
Here, the Upson County court entered judgment against Greg not just once but three times, though once would have been enough to support issue preclusion. With each judgment, the Georgia state court heard and rejected Greg's defenses, finding that he was granted all credits he was due and that his obligation to Dawn was not procured by fraud or duress. The bases of Greg's objection to Dawn's claim against his bankruptcy estate thus are identical to the defenses that the state court considered and rejected. The parties and the issues are identical, and under Georgia law issue preclusion applies.
We find this case indistinguishable from In re Bulic, 997 F.2d 299, 303-05 (7th Cir.1993), in which we found that issue
Though there are a few narrow exceptions to the application of issue preclusion in bankruptcy cases, Greg does not argue that any of these exceptions apply. He does not argue, for instance, that the Upson County court lacked jurisdiction to hear Dawn's suit. See Bulic, 997 F.2d at 304-05, quoting Heiser v. Woodruff, 327 U.S. 726, 736, 66 S.Ct. 853, 90 L.Ed. 970 (1946) ("Undoubtedly, since the Bankruptcy Act authorizes a proof of claim based on a judgment, such a proof may be assailed in the bankruptcy court on the ground that the purported judgment is not a judgment because of want of jurisdiction or because it was procured by fraud of a party."). He also does not argue that Dawn procured the Upson County judgment by fraud on the court. Bulic, 997 F.2d at 305 (distinguishing fraud on the court in Heiser from previously-litigated fraud on a party: "the only allegations of fraud were not of fraud upon the court, but of perjury at trial and coercion in obtaining the promissory notes. Thus the only issues of fraud ... were fully litigated and decided by the state court judgment."). Greg argues only that the Upson County court's order is silent concerning his defenses, so "whether those issues were `actually litigated and adjudicated' is uncertain." Georgia courts, however, apply issue preclusion both when an issue was actually adjudicated and "when an issue necessarily had to be decided in order for the previous judgment to have been rendered." Allen v. Santana, 303 Ga.App. 844, 695 S.E.2d 314, 317 (2010), quoting Waldroup v. Greene County Hosp. Auth., 265 Ga. 864, 463 S.E.2d 5, 7 (1995). Greg's defenses—regarding credits toward the balance he owed and whether the underlying obligation was procured by duress—necessarily had to be decided for the Upson County court to reach its judgment.
Greg also argues that state law preclusion principles are secondary to the bankruptcy court's interest in ensuring that a bankruptcy claimant does not receive a windfall, relying on In re Witte, 841 F.2d 804 (7th Cir.1988). But Witte is inapposite, and Greg's attempt to expand it would amount to a broad command to bankruptcy courts to allow relitigation of issues and claims already resolved by other courts. The creditor in Witte had repossessed the debtor's farm. Yet, the creditor attempted also to pursue a claim against the bankruptcy estate based on the debtor's missed payments toward an installment contract on the farm. We rejected that attempt on the ground that the creditor had made an election of remedies in the state courts by repossessing the farm, so the creditor could not also seek payments under the parties' installment contract. See 841
Here it is undisputed that between the time of the final Upson County judgment in 2011 and Greg's bankruptcy petition, Greg did not pay Dawn any amounts toward the Upson County judgment. Dawn seeks in the bankruptcy only what the Upson County court determined she was owed, not the sort of duplicate remedies that were sought in Witte.
In sum, though Greg Adams had the opportunity to appeal the Georgia state court judgments, he did not avail himself of that opportunity. Instead, he filed for bankruptcy, but that is not a substitute for timely appeals of the state court judgments. The doctrine of issue preclusion (collateral estoppel) bars him from using the bankruptcy system to have his defenses reheard despite the state courts' rejection of those defenses.
The judgment of the district court is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.