Legal Opinion
James Jay Ball, Debtor-Appellant v. A.O. Smith Corporation, Creditor-Appellee
Court of Appeals for the Second Circuit
Decided June 9, 2006No. Docket 05-1152-bkPublishedCited by 184 opinions
1Opinion of the Court
FEINBERG, Circuit Judge.
The question in this appeal is whether a judgment of sanctions in the form of defense costs entered against a lawyer under 28 U.S.C. § 1927 and Rule 11 of the Federal Rules of Civil Procedure is a nondis-chargeable debt “for willful and malicious injury by the debtor to another” for purposes of Bankruptcy Code Section 523(a)(6). For the reasons given below, we conclude that on the record in this case the answer is yes.
I. BACKGROUND
Debtor-appellant James Jay Ball, Esq. (“Ball”) has acted for many years as counsel for plaintiffs in lawsuits arising out of the sale of…
2Cases cited9 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- In Re: Enron Corp. Midland Cogeneration Venture Limited Partnership v. Enron Corp., the Official Committee of Unsecured Creditors, MovantCourt of Appeals for the Second Circuit · 2005
- In Re Norman Docteroff, Debtor, Bert L. Wolstein Lady Iris Corporation v. Norman DocteroffCourt of Appeals for the Third Circuit · 1997
- Federal Deposit Insurance Corporation v. ConnerCourt of Appeals for the Fifth Circuit · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by184 opinions
- Bank of New York v. First Millennium, Inc.Court of Appeals for the Second Circuit · 2010
- In Re Nassau County Strip Search Cases. Gardy Augustin, Heidi Kane, Mary Katherine Pugliese, Gregg Wills, Steven Roth, Oscar Avelar, Ralph Diliello, John Iaffaldano, on Behalf of Himself and Others Similarly Situated, Francis O'day, and Stuart Moskowitz v. Joseph P. Jablonsky, Sheriff of Nassau County, County of Nassau, Thomas S. Gulotta, Nassau County Executive, Nassau County Sheriff's Department, Division of Corrections, Port Washington Police District and William Kilfoil, Chief of Police, Port Washington Police Department, Jane/john Does 1-200Court of Appeals for the Second Circuit · 2006
- Hayes v. County of SullivanDistrict Court, S.D. New York · 2012
- Jendusa-Nicolai v. LarsenCourt of Appeals for the Seventh Circuit · 2012
- Proctor v. LeClaireCourt of Appeals for the Second Circuit · 2013
179 more not listed; retrieve them via the Exa API.