Kinsler v. Pauley (In Re Pauley)
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
MEMORANDUM OPINION REGARDING PLAINTIFFS’ FIRST AMENDED COMPLAINT TO DETERMINE DIS-CHARGEABILITY OF A DEBT
JAMES D. GREGG, Bankruptcy Judge.
The principal issue before this court is whether debts arising from alleged violations of state and federal securities laws should be deemed per sé nondischargeable pursuant to sections 523(a)(2)(A) and 523(a)(4) of the Bankruptcy Code. 1 For the following reasons, this court concludes that debts arising from securities fraud are not necessarily excepted from discharge in bankruptcy; rather, plaintiffs must prove all of the elements required to establish…
2Cases cited20 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Field v. MansSupreme Court of the United States · 1995
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Gleason v. ThawSupreme Court of the United States · 1915
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
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3Cited by13 opinions
- Haney v. Copeland (In Re Copeland)United States Bankruptcy Court, E.D. Tennessee · 2003
- Samuels v. Ellenbogen (In Re Ellenbogen)United States Bankruptcy Court, S.D. New York · 1998
- Clark & Gregory, Inc. v. Hanson (In Re Hanson)United States Bankruptcy Court, W.D. Michigan · 1998
- Corradini v. Corradini (In Re Corradini)United States Bankruptcy Court, W.D. Michigan · 2002
- Telmark, LLC v. Booher (In Re Booher)United States Bankruptcy Court, W.D. Pennsylvania · 2002
8 more not listed; retrieve them via the Exa API.