In
a pair of decisions, the Bankruptcy Court for the Western District of Texas
took on two big issues arising in a dischargeability case concerning
allegations of sexual misconduct: whether defamation findings in state court
are binding in bankruptcy as well as whether messages in “private” Facebook
groups are discoverable. Joseph
Mazzara v. Donna Shute Provencher, Adv. No. 19-05026-cag (Bankr. W.D. Tex.
Dec. 4, 2020); Joseph Mazzara v. Donna Shute Provencher, Adv. No.
19-05026-cag (Bankr. W.D. Tex. Apr. 7, 2021). The opinions can be found here and here.
The decisions stem from a lawsuit filed by Joseph Mazzara against Donna Shute Provencher in Virginia State court. Mazzara alleged that Provencher posted on a Christendom College Alumni Facebook page where she accused him of sexual assault and of having been investigated for it while he was a student at Christendom College. Mazzara claimed that Provencher’s allegations were false and defamatory. Shortly before trial, Provencher filed for relief under Chapter 7 of the Bankruptcy Code and Mazzara, in turn, initiated an adversary proceeding against Provencher to determine the dischargeability of the debt.
