Legal Opinion
Gupta v. Eastern Idaho Tumor Institute, Inc.
Court of Appeals for the Fifth Circuit
Decided December 17, 2004No. 03-51252PublishedCited by 51 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Dr. Shailesh Gupta sought Chapter 7 bankruptcy relief after a judgment was obtained against him in Texas state court for his “breach of fiduciary duty” against a co-joint venturer. The question before this court is whether collateral estoppel applies to bar relitigation of the facts and to compel a conclusion that the judgment was a non-dischargeable debt for “fraud or defalcation while acting in a fiduciary capacity ...” 11 U.S.C. § 523(a)(4). Contrary to the bankruptcy and district courts, we hold that collateral estoppel was inappropriate, and must reverse and…
2Cases cited13 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Sysco Food Services, Inc. v. TrapnellTexas Supreme Court · 1995
- Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
- In the Matter of Simon Angelle, D/B/A Angelle's Lumber Co., Bankrupts. Simon Angelle v. Dr. Kenneth P. ReedCourt of Appeals for the Fifth Circuit · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- David Harwood v. FNFS, LimitedCourt of Appeals for the Fifth Circuit · 2011
- Rapid Settlements Ltd v. Scott ShcolnikCourt of Appeals for the Fifth Circuit · 2012
- FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
- Naranjo v. Universal Surety of AmericaDistrict Court, S.D. Texas · 2010
- Winn v. Holdaway (In Re Holdaway)United States Bankruptcy Court, S.D. Texas · 2008
46 more not listed; retrieve them via the Exa API.