Legal Opinion

Bell v. Berry (In Re Berry)

United States Bankruptcy Court, N.D. Texas

Decided December 1, 1994No. 18-45156PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION ON DISCHARGEABILITY

JOHN C. AKARD, Bankruptcy Judge.

In this adversary proceeding, the court must determine whether the debt of William Ernst Berry, III (Debtor) is dischargeable. 1 Plaintiffs, approximately thirty individuals, 2 claimed the debt is nondischargeable under § 523(a)(4) of the Bankruptcy Code 3 due to the Debtor’s fraudulent misrepresentation while acting in a fiduciary capacity. 4 The Debtor maintained he acted in good faith and exercised reasonable care in his advertising and as a broker for First Chicago Certificate Corporation (First Chicago). The Debtor…

2Cases cited10 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. In Re Gerald T. BLACK and Denise B. Black, Debtors. Garth L. DRIGGS, Plaintiff-Appellant, v. Gerald T. BLACK, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
  4. In Re ChavezUnited States Bankruptcy Court, W.D. Texas · 1992
  5. Wheeler v. HaralsonTexas Supreme Court · 1937

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3Cited by9 opinions

  1. Roussos v. Michaelides (In Re Roussos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  2. McCoun v. Rea (In Re Rea)United States Bankruptcy Court, N.D. Texas · 2000
  3. Subich v. Verrone (In Re Verrone)United States Bankruptcy Court, W.D. Pennsylvania · 2002
  4. McGraw v. Collier (In re Collier)United States Bankruptcy Court, E.D. Arkansas · 2013
  5. Houston v. Capps (In Re Capps)United States Bankruptcy Court, N.D. Alabama · 1995

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