Legal Opinion

Idaho, Department of Finance v. McClung (In Re McClung)

District Court, D. Idaho

Decided January 27, 2004No. Bankruptcy No. 03-40682, Adversary No. 03-6337PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION RE DEFENDANT’S MOTION TO DISMISS

JIM D. PAPPAS, Chief Judge.

Background

Plaintiff, State of Idaho Department of Finance, alleges that Defendant Robert McClung, a Chapter 7 debtor, sold securities in violation of Idaho law and defrauded several individuals as part of an investment scheme. In its complaint, Plaintiff alleges that Defendant’s obligations arising from this conduct should be excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4), and (a)(19). Compl., ¶¶ 16-24, Docket No. 1.

Defendant filed a motion to dismiss the adversary proceeding. Docket No. 3.…

2Cases cited13 opinions

  1. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
  2. Westinghouse Electric Corporation v. Newman & Holtzinger, P.C. Shaw, Pittman, Potts & Trowbridge Chase, Rotchford, Drukker & Bogust, Law CorporationCourt of Appeals for the Ninth Circuit · 1993
  3. Fezler v. DavisCourt of Appeals for the Fifth Circuit · 1999
  4. New York Ex Rel. Abrams v. DeFelice (In Re DeFelice)United States Bankruptcy Court, D. Connecticut · 1987
  5. In Re William Anthony Cannon, Jane Cannon, Debtors. State of Missouri, Ex Rel., John D. Ashcroft, Attorney General v. William Anthony CannonCourt of Appeals for the Eighth Circuit · 1984

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Guerriero v. Kilroy (In Re Kilroy)United States Bankruptcy Court, S.D. Texas · 2006
  2. Prime Equity Fund, LP. v. Lichtman (In Re Lichtman)United States Bankruptcy Court, M.D. Florida · 2008
  3. Fishbach v. Simon (In Re Simon)United States Bankruptcy Court, S.D. Florida. · 2004
  4. In Re WeileinUnited States Bankruptcy Court, N.D. Iowa · 2004

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