Cabardo

POSTED TO THE WEBSITE NOT FOR PUBLICATION 3 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 6 In re: Case No. 20-23457-A-

ERNESTO PATACSIL and MARILYN EMBRY

PATACSIL,

9 Debtors. 11 JOSEPH CABARDO et al., Adv. No. 20-02167-A 12 Plaintiffs, FEC-1 13 V. 14 ERNESTO PATACSIL et al., 15 Defendants. 16 17 18

Memorandum Regarding Preclusive Effect, ECF Nos. 106, 117

26 27 This case is about square pegs and round holes. Acting as private attorneys general, eight former employees sued their employer for wage and hours violations; they obtained judgment for unpaid wages, penalties, and attorneys’ fees. After the defendants filed bankruptcy, the injured employees filed this adversary proceeding to except their judgment from discharge. 11 U.S.C. § 523(a)(6) (willful and malicious injuries), (a)(7) (penalties due the government). Have the plaintiffs pounded their judgment into § 523? I. FACTS Ernesto Patacsil and Marilyn…