Wright v. Moffitt (In Re Moffitt)
United States Bankruptcy Court, S.D. Texas
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
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
- Wolf v. WeinsteinSupreme Court of the United States · 1963
- Carey Lumber Company, a Corporation v. Thomas Hugh BellCourt of Appeals for the Fifth Circuit · 1980
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3Cited by6 opinions
- Kernan v. One Washington Park Urban Renewal AssociatesSupreme Court of New Jersey · 1998
- Houston v. Capps (In Re Capps)United States Bankruptcy Court, N.D. Alabama · 1995
- Archer v. Archer (In Re Archer)United States Bankruptcy Court, M.D. Georgia · 2001
- Hollingsworth & Co. v. Nored (In Re Nored)United States Bankruptcy Court, N.D. Mississippi · 2003
- Merchants Financial Services Group, LLC v. Smith (In Re Smith)United States Bankruptcy Court, N.D. Mississippi · 2007
1 more not listed; retrieve them via the Exa API.