Legal Opinion
Plyam v. Precision Development, LLC (In Re Plyam)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided May 5, 2015No. BAP CC-14-1362-TaDPa; Bankruptcy 2:13-bk-15020-BB; Adversary 2:13-ap-01558-BBPublishedCited by 76 opinions
1Opinion of the Court
OPINION
TAYLOR, Bankruptcy Judge.
Debtors Yuri Plyam and Natalia Plyam appeal from the bankruptcy court’s summary judgment excepting a state court judgment from discharge pursuant to § 523(a)(4) 1 and (a)(6), as to Yuri, 2 and pursuant to § 523(a)(6), as to Natalia.
The bankruptcy court granted summary judgment based on issue preclusion and the state court judgment’s award of actual and punitive damages for breach of fiduciary duty. We determine that the bankruptcy court erred as the state court judgment did not include a finding equivalent to willfulness as required for § 523(a)(6)…
2Cases cited41 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Padgett v. WrightCourt of Appeals for the Ninth Circuit · 2009
- Tinker v. ColwellSupreme Court of the United States · 1904
36 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Cheirett v. Biggs (In re Cheirett)United States Bankruptcy Court, D. Idaho · 2017
- Salehsari v. Aalam (In re Aalam)United States Bankruptcy Court, C.D. California · 2014
- JH, Inc. v. Morabito (In re Morabito)District Court, D. Nevada · 2019
- Dave v. Baessler (In re Baessler)United States Bankruptcy Court, W.D. Texas · 2018
- McKinzie v. Kaut (In re Kaut)United States Bankruptcy Court, E.D. California · 2019
71 more not listed; retrieve them via the Exa API.