Legal Opinion
Georges Marciano v. Steven Chapnick
Court of Appeals for the Ninth Circuit
Decided February 27, 2013No. 11-60070PublishedCited by 46 opinions
1Opinion of the Court
OPINION
HURWITZ, Circuit Judge:
This case presents a question of first impression in this court: Under § 303(b)(1) of the Bankruptcy Code, 11 U.S.C. § 303(b)(1), is an unstayed state judgment on appeal per se a “claim against [the debtor] that is not contingent as to liability or the subject of a bona fide dispute as to liability or amount?” Our answer to that question is “yes.”
I
In 2007, Georges Marciano sued five of his former employees in California Superi- or Court, alleging theft. Three employees — Joseph Fahs, Steven Chapnick, and Elizabeth Tagle (the “Petitioning Creditors”)^ —…
2Cases cited21 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Debbie Foltz, Consumer Action United Policyholders Texas Watch, Intervenors, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, and Consumer Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Steven BeckerCourt of Appeals for the Ninth Circuit · 2003
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
16 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Fustolo v. 50 Thomas Patton Drive, LLCCourt of Appeals for the First Circuit · 2016
- Mele v. Mele (In Re Mele)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Michael Holland v. Westmoreland Coal CompanCourt of Appeals for the Fifth Circuit · 2020
- Ultra Petroleum Corporation v. Ad Hoc CommiCourt of Appeals for the Fifth Circuit · 2019
41 more not listed; retrieve them via the Exa API.