Legal Opinion

Wright v. Moffitt (In Re Moffitt)

United States Bankruptcy Court, S.D. Texas

Decided April 22, 1992No. 19-30787PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

RANDOLPH F. WHELESS, Jr., Chief Judge.

This matter is before the Court on the plaintiff’s motion for summary judgment seeking a judgment of non-dischargeability of certain debts. The primary issue in the case is whether an unauthorized payment by a Chapter 11 Trustee to himself for fees, who alleges he was acting in good faith, constitutes a non-dischargeable debt (a defalcation) within the meaning of 11 U.S.C. § 523(a)(4). There is also an issue of whether a sanction imposed on the debt- or after he filed this Chapter 7 case is or is not affected by the debtor’s discharge…

2Cases cited18 opinions

  1. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  2. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
  3. Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
  4. Wolf v. WeinsteinSupreme Court of the United States · 1963
  5. Carey Lumber Company, a Corporation v. Thomas Hugh BellCourt of Appeals for the Fifth Circuit · 1980

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3Cited by6 opinions

  1. Kernan v. One Washington Park Urban Renewal AssociatesSupreme Court of New Jersey · 1998
  2. Houston v. Capps (In Re Capps)United States Bankruptcy Court, N.D. Alabama · 1995
  3. Archer v. Archer (In Re Archer)United States Bankruptcy Court, M.D. Georgia · 2001
  4. Hollingsworth & Co. v. Nored (In Re Nored)United States Bankruptcy Court, N.D. Mississippi · 2003
  5. Merchants Financial Services Group, LLC v. Smith (In Re Smith)United States Bankruptcy Court, N.D. Mississippi · 2007

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