Legal Opinion
Zohlman v. Zoldan
District Court, S.D. New York
Decided November 13, 1998No. 98 Civ. 3592(WCC)PublishedCited by 67 opinions
1Opinion of the Court
OPINION AND ORDER
CONNER, Senior District Judge.
This bankruptcy appeal presents the following issues, under 11 U.S.C. § 523(a)(4) of the Bankruptcy Code: (1) whether obtaining a judgment in state court by the creditor against the debtor should have collaterally estopped the debtor from litigating certain issues in Bankruptcy Court; (2) whether a general partner stands in a fiduciary relationship with his/her limited partners, and; (3) what conduct constitutes defalcation for purposes of the Bankruptcy Code.
BACKGROUND
In May of 1981, Plaintiff-Appellant Robert Zohlman (hereafter “Creditor”) and…
2Cases cited56 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Gleason v. ThawSupreme Court of the United States · 1915
- In Re Manville Forest Products Corporation, Debtor. Gulf States Exploration Co. v. Manville Forest Products CorporationCourt of Appeals for the Second Circuit · 1990
51 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Denton v. HymanCourt of Appeals for the Second Circuit · 2007
- Gentry v. Kovler (In Re Kovler)United States Bankruptcy Court, S.D. New York · 2000
- Sandak v. Dobrayel (In Re Dobrayel)United States Bankruptcy Court, S.D. New York · 2002
- Indo-Med Commodities, Inc. v. Wisell (In re Wisell)United States Bankruptcy Court, E.D. New York · 2011
- Mirarchi v. Nofer (In re Nofer)United States Bankruptcy Court, E.D. New York · 2014
62 more not listed; retrieve them via the Exa API.