Legal Opinion
Christen v. Himber (In Re Himber)
United States Bankruptcy Court, C.D. California
Decided December 10, 2002No. Bankruptcy No. SV 01-16343-KL, Adversary No. SV 01-01575-KLPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION ON TRIAL OF COMPLAINT FOR DETERMINATION OF DISCHARGE-ABILITY OF DEBT
KATHLEEN T. LAX, Bankruptcy Judge.
This adversary proceeding is about a $65,000 check which the plaintiff, Dennis Christen (“Christen”), asked the defendant, Leontina Himber (“Himber”), to cash through her bank and which she represented she would do for him. She deposited the check into her account and refused to give him the proceeds after the check cleared. These facts are not in dispute. What is in dispute is the following:
1. Whether the defendant intended to keep the proceeds when the plaintiff gave…
2Cases cited9 opinions
- Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
- In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
- In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
- Farmers Ins. Exchange v. ZerinCalifornia Court of Appeal · 1997
- Thiara v. Spycher Bros. (In Re Thiara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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3Cited by1 opinion
- Panda Herbal International, Inc. v. Luby (In Re Luby)United States Bankruptcy Court, E.D. Pennsylvania · 2010