Legal Opinion
Deodati v. M.M. Winkler & Associates (In Re M.M. Winkler & Associates)
Court of Appeals for the Fifth Circuit
Decided February 7, 2001No. 99-60904PublishedCited by 55 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
At issue is whether a debtor whose partner committed fraud may discharge in bankruptcy the liability to the fraud victim. The bankruptcy and district courts held that 11 U.S.C. § 523(a)(2)(A) does not bar innocent partners from discharging fraud liability unless 1) they benefitted from the fraud; and 2) the perpetrator of the fraud acted in the ordinary course of partnership business. Fraud victim Bruno Deodati (“Deodati”) appeals. We reverse and remand for entry of judgment in favor of appellant.
FACTS
The facts of this case are undisputed. Bill Morgan, Okee…
2Cases cited9 opinions
- Cohen v. De La CruzSupreme Court of the United States · 1998
- Toibb v. RadloffSupreme Court of the United States · 1991
- Strang v. BradnerSupreme Court of the United States · 1885
- In Re Thomas E. Ledford and J. Gregg Sikes, Debtors. Bancboston Mortgage Corporation v. Thomas E. Ledford (91-5649) J. Gregg Sikes (91-5594)Court of Appeals for the Sixth Circuit · 1992
- HSSM 7 Ltd. Partnership v. BilzerianCourt of Appeals for the Eleventh Circuit · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Ghomeshi v. SabbanCourt of Appeals for the Ninth Circuit · 2010
- Bartenwerfer v. BuckleySupreme Court of the United States · 2023
- Stephen Thompson v. United States Bankruptcy Court for the Western District of OklahomaBankruptcy Appellate Panel of the Tenth Circuit · 2016
- Tummel & Carroll v. QuinlivanCourt of Appeals for the Fifth Circuit · 2005
- Charles Cowin v. Countrywide Home Loans, Inc., etCourt of Appeals for the Fifth Circuit · 2017
50 more not listed; retrieve them via the Exa API.