Legal Opinion

Appliance Buyers Credit Corp. v. Tocci (In Re Tocci)

United States Bankruptcy Court, S.D. Florida.

Decided October 24, 1983No. 19-12493PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

A judgment creditor seeks exception from discharge under 11 U.S.C. § 523(a)(4) and denial of discharge under § 727(a)(3) and (5). The debtors have moved to dismiss and have answered. The matter was tried on October 18.

The facts are largely undisputed. The debtor/husband, together with a partner, operated a retail appliance store through a corporation controlled by the two individuals. Plaintiffs financed the business inventory under an inventory financing agreement under which the corporation agreed to hold in trust the proceeds from the…

2Cases cited4 opinions

  1. Carey Lumber Company, a Corporation v. Thomas Hugh BellCourt of Appeals for the Fifth Circuit · 1980
  2. General Electric Credit Corp. v. Graham (In Re Graham)United States Bankruptcy Court, D. Nevada · 1980
  3. John P. Maguire & Co., Inc. v. Richard B. HerzogCourt of Appeals for the Fifth Circuit · 1970
  4. Borg-Warner Acceptance Corp. v. Miles (In Re Miles)United States Bankruptcy Court, E.D. Virginia · 1980

3Cited by12 opinions

  1. Holmes v. Kraus (In Re Kraus)United States Bankruptcy Court, E.D. Michigan · 1984
  2. Donohoe v. Hurbace (In Re Hurbace)United States Bankruptcy Court, W.D. Texas · 1986
  3. Bamco 18 v. Reeves (In Re Reeves)United States Bankruptcy Court, D. New Hampshire · 1990
  4. Barthlow v. More (In Re More)United States Bankruptcy Court, M.D. Florida · 1992
  5. Sager v. Lewis (In Re Lewis)United States Bankruptcy Court, E.D. Virginia · 1988

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