Legal Opinion
Greenberg v. Schools
District Court, S.D. Florida
Decided May 11, 1982No. 82-13-Civ-JWKPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM ORDER REVERSING FINAL JUDGMENT
KEHOE, District Judge.
This bankruptcy appeal presents an interesting and novel legal issue: whether an obligation arising out of an agreement entered into in full settlement of a civil action involving a bankrupt’s alleged fraud or defalcation is dischargeable in bankruptcy as an ordinary debt, or is an exception to discharge under the Bankruptcy Reform Act of 1978, 11 U.S.C.A. § 523(a)(4). After giving the matter careful consideration, it is the Court’s determination that such an obligation incurred as a result of a settlement agreement is not…
2Cases cited4 opinions
- Hartford Accident & Indemnity Co. v. FlanaganDistrict Court, S.D. Ohio · 1939
- Firemen's Fund Insurance v. Covino (In Re Covino)United States Bankruptcy Court, M.D. Florida · 1981
- Landgraf v. GriffithIndiana Court of Appeals · 1908
- Greenberg v. Schools (In Re Schools)United States Bankruptcy Court, S.D. Florida. · 1981
3Cited by14 opinions
- United States v. John R. SpicerCourt of Appeals for the D.C. Circuit · 1995
- Jay GREENBERG, Plaintiff-Appellee, v. Carl SCHOOLS, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- Discount Home Center, Inc. v. Turner (In Re Turner)United States Bankruptcy Court, N.D. Oklahoma · 1991
- In the Matter of Pamela A. West, Debtor-Appellee. Appeal of John R. OltmanCourt of Appeals for the Seventh Circuit · 1994
- S.J. Groves & Sons Co. v. Peters (In Re Peters)United States Bankruptcy Court, N.D. New York · 1988
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