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Legal Opinion

In the Matter of Donald Weber and Roxanne Weber, Debtors. Appeal of Michael C. Ablan, Creditor

Court of Appeals for the Seventh Circuit

Decided December 21, 1989No. 89-1342PublishedCited by 114 opinions

1Opinion of the Court

COFFEY, Circuit Judge.

Plaintiff Michael Ablan wanted a debt with defendant Donald Weber 1 to be classified as nondischargeable in bankruptcy because, Ablan alleged, the debt arose when Weber embezzled proceeds of a sale from him. Ablan appeals the district court’s af-firmance of the bankruptcy court’s finding that Weber lacked the fraudulent intent required for embezzlement under 11 U.S.C. § 523(a)(4).

I. Factual Background

Earlier litigation in this case established certain facts with respect to the transactions in question and the bankruptcy court held that the parties were estopped to deny…

2Cases cited20 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Moore v. United StatesSupreme Court of the United States · 1895
  3. Equal Employment Opportunity Commission, Cross-Appellee v. Sears, Roebuck & Company, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1988
  4. In the Matter of Richard Lee Fox and Marlyce Kay Fox, Debtors. Appeal of Peter F. Herrell, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1985
  5. In Re Richard F. Belfry, Debtor. Richard F. Belfry v. Christopher G. CardozoCourt of Appeals for the Eighth Circuit · 1989

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3Cited by114 opinions

  1. In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
  2. In the Matter of Phyllis Maxine Pence, Debtor. Appeal of Pacesetter Bank of MontpelierCourt of Appeals for the Seventh Circuit · 1990
  3. Marjorie L. Mungo, Debtor-Appellant, Cross-Appellee v. Maureen Sullivan TaylorCourt of Appeals for the Seventh Circuit · 2004
  4. In Re: Joseph H. Golant, Debtor. Joseph H. Golant v. Abraham LevyCourt of Appeals for the Seventh Circuit · 2001
  5. Cash America Financial Services, Inc. v. Fox (In Re Fox)Bankruptcy Appellate Panel of the Sixth Circuit · 2007

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