Legal Opinion

Petralia v. Jercich (In Re Jercich)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 7, 2000No. BAP No. NC-98-1724-PRyMe. Bankruptcy No. 86-52611-ASW. Adversary No. 86-0556PublishedCited by 6 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

Prior to bankruptcy, Appellee George Jercich (“Debtor”) employed Appellant James A. Petralia (“Creditor”) and failed to pay him all his wages. As a consequence, Creditor obtained a state court judgment against Debtor that determined, inter alia, that Debtor committed a tor-tious breach of the contractual covenant of good faith and fair dealing with respect to Creditor. This appeal raises the issue of whether a claim resulting from a breach of the implied contractual covenant of good faith and' fair dealing, characterized by state law as tortious, can be a…

2Cases cited18 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Foley v. Interactive Data Corp.California Supreme Court · 1988
  3. Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
  4. Newman v. Emerson Radio Corp.California Supreme Court · 1989
  5. In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur ComerCourt of Appeals for the Ninth Circuit · 1984

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3Cited by6 opinions

  1. In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
  2. Tsurukawa v. Nikon Precision, Inc. (In Re Tsurukawa)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. Su v. Carrillo (In Re Su)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  4. Spokane Railway Credit Union v. Endicott (In Re Endicott)United States Bankruptcy Court, D. Idaho · 2000
  5. Jorge v. Mannie (In Re Mannie)United States Bankruptcy Court, N.D. California · 2001

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

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