Legal Opinion

Arvest Mortgage Co. v. Nail (In Re Nail)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided April 15, 2011No. BAP 10-6057, 10-6061PublishedCited by 6 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, “Creditor”) resulted in a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should have found the non-dischargeable debt to be $65,000, the gross amount of the settlement. We have jurisdiction over this appeal and cross-appeal. See 28 U.S.C. § 158(b). For the…

2Cases cited15 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  3. In Re: John A. Cochrane, Debtor. Tudor Oaks Limited Partnership v. John Alexander CochraneCourt of Appeals for the Eighth Circuit · 1997
  4. Jody Debold v. E. Rebecca Case, Chapter 7 TrusteeCourt of Appeals for the Eighth Circuit · 2006
  5. Jafarpour v. Shahrokhi (In Re Shahrokhi)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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3Cited by6 opinions

  1. Aslakson v. Freese (In re Freese)United States Bankruptcy Court, D. North Dakota · 2012
  2. Davis v. Olson (In Re Olson)United States Bankruptcy Court, W.D. Missouri · 2011
  3. Decker v. Stewart, Jr.United States Bankruptcy Court, E.D. California · 2024
  4. Eletech, Inc v. JonesUnited States Bankruptcy Court, D. Nebraska · 2022
  5. Lessard Design, Inc. v. PaulUnited States Bankruptcy Court, District of Columbia · 2025

1 more not listed; retrieve them via the Exa API.

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