Legal Opinion
In Re Jeannie Niles, Debtor. Rita G. Otto v. Jeannie Niles
Court of Appeals for the Ninth Circuit
Decided February 12, 1997No. 95-55968PublishedCited by 103 opinions
1Opinion of the Court
SCHWARZER, Senior District Judge:
This appeal calls on us to determine who bears the burden of proof in a nondischarge-ability proceeding under 11 U.S.C. § 523(a)(4) brought by a creditor alleging “defalcation while acting in a fiduciary capacity.” We must also decide whether loans by a client to his real estate agent and not repaid are nondischargeable under § 523(a)(4).
I. FACTUAL AND PROCEDURAL BACKGROUND
Appellant Rita G. Otto and her husband Dr. Evan L. Otto invested their retirement money in real estate, using appellee Jeannie Niles as a broker and property manager. Niles bought and sold…
2Cases cited40 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
- United States v. TexasSupreme Court of the United States · 1993
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
35 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Bankr. L. Rep. P 77,362 in Re Ahmad Ali Massoud Ansari, Debtor. Reza Pahlavi Medina Development Company v. Ahmad Ali Massoud AnsariCourt of Appeals for the Fourth Circuit · 1997
- Rutanen v. BaylisCourt of Appeals for the First Circuit · 2002
- Oney v. Weinberg (In Re Wienberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Plyam v. Precision Development, LLC (In Re Plyam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- In Re Thomas Francis Barrett, Jr., Debtor. Thomas Francis Barrett, Jr. v. Educational Credit Management CorporationCourt of Appeals for the Sixth Circuit · 2007
98 more not listed; retrieve them via the Exa API.