Legal Opinion

Burks v. Bailey (In re Bailey)

United States Bankruptcy Court, D. Idaho

Decided August 23, 2013No. Bankruptcy No. 12-02040-TLM; Adversary No. 12-06057-TLMPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

TERRY L. MYERS, Chief Judge.

Defendant Barry Todd Bailey filed his chapter 7 bankruptcy petition on August 21, 2012.1 On October 23, 2012, plaintiffs Brian Burks and Emerald Asset Management, Inc. (“EAM”) filed this adversary proceeding, seeking to hold debts owed by Bailey to Plaintiffs nondischargeable under § 523(a)(2)(A) and (a)(6).2 The claims underlying this nondischargeability action were partially litigated in state court before bankruptcy. The Court granted partial summary judgment for Plaintiffs, based on a state court order and principles of issue preclusion,…

2Cases cited59 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  3. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  4. Cohen v. De La CruzSupreme Court of the United States · 1998
  5. In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002

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3Cited by3 opinions

  1. Gugino v. Clark's Crystal Springs Ranch, LLC (In re Clark)United States Bankruptcy Court, D. Idaho · 2014
  2. In re: John A. Obara and Myrna CastroUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. In re: Richard Scott UrbanUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

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