Legal Opinion

Guion v. Sims (In re Sims)

United States Bankruptcy Court, S.D. Texas

Decided August 27, 2012No. Bankruptcy No. 11-39208; Adversary No. 12-3062PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

Richard Guión and Patricia Fitzpatrick sued Thomas Martin Sims in a Texas state court asserting claims of fraud, breach of fiduciary duty, and breach of contract. The state court rendered death-penalty sanctions against Sims and found him liable for fraud. On October 29, 2011, Sims filed for Chapter 7 bankruptcy. Richard Guión and Patricia Fitzpatrick initiated this adversary proceeding, contending that their state court judgment against Sims is nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6). The Court holds that collateral…

2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Field v. MansSupreme Court of the United States · 1995
  3. Gober v. Terra + CorporationCourt of Appeals for the Fifth Circuit · 1996
  4. Scurlock Oil Co. v. SmithwickTexas Supreme Court · 1986
  5. Van Dyke v. Boswell, O'Toole, Davis & PickeringTexas Supreme Court · 1985

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3Cited by19 opinions

  1. Wright v. Minardi (In re Minardi)United States Bankruptcy Court, E.D. Texas · 2015
  2. Trustmark Nat'l Bank v. Tegeler (In re Tegeler)United States Bankruptcy Court, S.D. Texas · 2018
  3. Helvetia Asset Recovery, Inc. v. Kahn (In re Kahn)United States Bankruptcy Court, W.D. Texas · 2015
  4. Zilm v. Roberts (In re Roberts)United States Bankruptcy Court, N.D. Oklahoma · 2014
  5. Jennings v. Bodrick (In re Bodrick)United States Bankruptcy Court, S.D. Ohio · 2015

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