Legal Opinion
KV Pharmaceutical Co. v. Harland (In Re Harland)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 1, 1999No. 18-18452PublishedCited by 15 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A INTRODUCTION
The instant adversary proceeding (“the Proceeding”) challenging dischargeability of obligations for which the Debtor was determined liable in a prior state court action tests the collateral estoppel effect of that state court determination on claims based upon 11 U.S.C. §§ 523(a)(4) and (a)(6). We conclude that the very detailed state court determination supports a claim under the embezzlement prong of § 523(a)(4), but not under the demanding standards of § 523(a)(6) established in Kawaauhau v. Geiger, 523 U.S. 57, 118 S.Ct. 974, 140…
2Cases cited34 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Brown v. FelsenSupreme Court of the United States · 1979
29 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Viener v. Jacobs (In Re Jacobs)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Lopez v. Emergency Service Restoration, Inc. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Estate of Harris v. Dawley (In Re Dawley)United States Bankruptcy Court, E.D. Pennsylvania · 2004
- Beard Research, Inc. v. Kates (In re Kates)United States Bankruptcy Court, E.D. Pennsylvania · 2012
- Wish Acquisition, LLC v. Salvino (Salvino)United States Bankruptcy Court, N.D. Illinois · 2007
10 more not listed; retrieve them via the Exa API.