Tummel & Carroll v. Quinlivan (In Re Quinlivan)

MEMORANDUM OPINION

JERRY A. BROWN, Bankruptcy Judge.

This matter came before the court on May 24, 2004 on the trial of the Complaint to Determine Dischargeability of Debt pursuant to 11 U.S.C. § 523 filed by Tum-mel & Carroll. The complaint was dismissed and an appeal was taken. The matter was remanded to this court by order of the United States Fifth Circuit Court of Appeals for further findings consistent with the Fifth Circuit’s opinion in Tummel & Carroll v. Quinlivan (In re Quinlivan), 434 F.3d 314 (5th Cir.2005).

The court finds that Texas state agency law should apply to this case, that…