Capobianco v. Trew (In Re Capobianco)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge.
The appellee, a sole proprietorship, sued the appellant, a former employee, for misappropriation of funds in a Tennessee state court. Prior to the commencement of the state court trial, the appellant moved to California, where she filed her chapter 7 1 petition. The appellee, who had incorporated after the appellant’s discharge, subsequently brought a nondis-chargeability action in the corporation’s name. The appellant moved to dismiss on the grounds that the corporate plaintiff was not a creditor to whom the debt was owed, as required by § 528(c)(1). In…
2Cases cited9 opinions
- In Re H. Frank Dominguez, Debtor. H. Frank Dominguez v. David D. Miller Denyse M. MillerCourt of Appeals for the Ninth Circuit · 1995
- In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
- In Re Pacific Atlantic Trading Co., Debtor. United States of America, Claimant-Appellant v. Robert F. Towers, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1994
- United States of America for the Use and Benefit of Robert Wulff and Caitlyn Wulff, Husband and Wife v. Cma, Inc. And Reliance Insurance CompanyCourt of Appeals for the Ninth Circuit · 1989
- In Re Audre, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
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3Cited by6 opinions
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- Kir Temecula, L.P. v. LPM Corp. (In Re LPM Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In re ZavalaDistrict Court, C.D. California · 2014
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