Legal Opinion
Cundy v. Woods (In Re Woods)
District Court, D. Colorado
Decided January 5, 2001No. 1:94-cv-02627PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
MILLER, District Judge.
This is an appeal by Walter Alan Woods, debtor/defendant (Woods or Defendant), of Bankruptcy Judge Sidney B. Brooks’ decision in adversary proceeding number 93-1509 SBB. Judge Brooks concluded that a debt of $58,276 was not dischargeable pursuant to 11 U.S.C. § 523(a)(4). In this appeal, Woods asserts that it was legal and factual error to conclude he was acting in a fiduciary capacity or that he committed a defalcation as those terms are applied by § 523(a)(4).
Standard of Review
The district court functions as an appellate court and is…
2Cases cited19 opinions
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
- In Re Kurtis George Kaspar and Linda Ann Kaspar, Debtors, Bellco First Federal Credit Union v. Kurtis George Kaspar and Linda Ann KasparCourt of Appeals for the First Circuit · 1997
- In Re StorieBankruptcy Appellate Panel of the Tenth Circuit · 1997
- Holaday v. Seay (In Re Seay)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cody Farms, Inc. v. Deerman (In re Deerman)United States Bankruptcy Court, D. New Mexico · 2012
- Crossingham Trust v. Baines (In Re Baines)United States Bankruptcy Court, D. New Mexico · 2006
- Sonny Penix v. Parra (In re Parra)United States Bankruptcy Court, D. New Mexico · 2012
- James & Mary Artis v. West (In Re West)United States Bankruptcy Court, E.D. New York · 2006
- National Labor Relations Board v. Gordon (In Re Gordon)District Court, D. Colorado · 2003
18 more not listed; retrieve them via the Exa API.