Legal Opinion

Securities & Exchange Commission v. Kane (In Re Kane)

United States Bankruptcy Court, D. Massachusetts

Decided August 12, 1997No. 19-10117PublishedCited by 10 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

In this adversary proceeding, the Securities and Exchange Commission, (the “Commission”) moves for summary judgment against the Debtor, William F. Kane (“Kane”). It requests that a judgment in favor of the Commission against Kane be declared nondischargeable pursuant to section 523(a)(2)(A) of the Bankruptcy Code as a debt for money obtained by fraud, and pursuant to section 523(a)(4) as a debt for fraud or defalcation while acting in a fiduciary capacity-

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2Cases cited10 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Aaron v. Securities & Exchange CommissionSupreme Court of the United States · 1980
  3. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  4. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
  5. Century 21 Balfour Real Estate v. MennaCourt of Appeals for the First Circuit · 1994

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3Cited by10 opinions

  1. In Re Richard G. Sherman in Re Andrea Pearl Sherman, Debtors, Richard G. Sherman Andrea Pearl Sherman v. Securities and Exchange CommissionCourt of Appeals for the Ninth Circuit · 2007
  2. Fezler v. DavisCourt of Appeals for the Fifth Circuit · 1999
  3. Premier Capital, LLC v. Gavin (In Re Gavin)Bankruptcy Appellate Panel of the First Circuit · 2004
  4. Sherman v. Securities & Exchange Commission (In Re Sherman)Court of Appeals for the Ninth Circuit · 2006
  5. AARP v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.)District Court, C.D. California · 2001

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