Legal Opinion
National Gold Exchange, Inc. v. Stern (In Re Stern)
United States Bankruptcy Court, C.D. California
Decided February 23, 2009No. Bankruptcy No. 8:07-12462-TA. Adversary Nos. 8:07-01386-TA, 8:07-01387-TAPublishedCited by 3 opinions
1Opinion of the Court
STATEMENT OF DECISION AFTER TRIAL
THEODOR C. ALBERT, Bankruptcy Judge.
This case requires the Court to determine whether the obligations owed by the debtor/defendant to plaintiffs for certain rare coins delivered into his custody, but never paid for, are non-dischargeable as provided in 11 U.S.C. §§ 523(a)(4) or (a)(6). The Court will also address certain alternative theories such as actual fraud under 11 U.S.C. § 523(a)(2)(A) which, although not raised in the complaint, were obliquely raised in argument at trial. This case requires an evaluation of what constitutes “willful and malicious”…
2Cases cited36 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- 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
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3Cited by3 opinions
- GMAC Inc. v. Coley (In Re Coley)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- Dimichele v. Nassbridges (In Re Nassbridges)United States Bankruptcy Court, C.D. California · 2010
- Bachner Company, Inc. v. State of Alaska, Department of Administration, Division of General Services, State of Alaska, Department of Administration v. Bachner Company, Inc.Alaska Supreme Court · 2020