Legal Opinion

In Re Mark Riso Shelly Riso, Debtors. Gary L. Snoke v. Mark Riso Shelly Riso

Court of Appeals for the Ninth Circuit

Decided November 4, 1992No. 91-55583PublishedCited by 118 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Gary Snoke appeals from the bankruptcy appellate panel (“BAP”) decision that affirmed the bankruptcy court’s grant of summary judgment in favor of Mark and Shelly Riso. Both the BAP and the bankruptcy court held that breach of the con tractual right of first refusal was not the sort of willful property damage that is excepted from discharge under 11 U.S.C. § 523(a)(6). We affirm.

BACKGROUND

In 1982, Gary Snoke sold an apartment building to Eileen Walsh. In return Walsh gave Snoke a security agreement (a note secured by a deed of trust) that included a right of first…

2Cases cited10 opinions

  1. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985
  2. In Re Gregory Alyan Posta and Mary Jones Posta, C.I.T. Financial Services, Inc. v. Gregory Alyan Posta, Mary Jones PostaCourt of Appeals for the Tenth Circuit · 1989
  3. Bankr. L. Rep. P 74,571 in Re Judy L. Dewalt, Debtor. Manufacturers Hanover, Fka Finance One of California, Inc. v. Judy L. DewaltCourt of Appeals for the Ninth Circuit · 1992
  4. In Re John Michael Klapp and Mary Cook Klapp, Debtors. John Michael Klapp and Mary Cook Klapp v. Richard LandsmanCourt of Appeals for the Ninth Circuit · 1983
  5. Cadillac Vending Co. v. Haynes (In Re Haynes)United States Bankruptcy Court, E.D. Michigan · 1982

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3Cited by118 opinions

  1. In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
  2. Lockerby v. SierraCourt of Appeals for the Ninth Circuit · 2008
  3. Viener v. Jacobs (In Re Jacobs)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  4. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
  5. GMAC Inc. v. Coley (In Re Coley)United States Bankruptcy Court, E.D. Pennsylvania · 2010

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