Legal Opinion

Aubrey v. Thomas (In Re Aubrey)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 26, 1990No. BAP No. CC-87-1573 VJMo, Bankruptcy No. LA 85-18567 GM, Adv. No. LA 86-1326 GMPublishedCited by 61 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

Appellant debtor James Thomas Aubrey (“Aubrey”) appeals summary judgment against him on four causes of action under 11 U.S.C. §§ 523 and 727. We affirm.

FACTUAL BACKGROUND

Appellee William J. Thomas (“Thomas”) was confined in a mental institution for some eleven years. His experience was the subject of a television movie produced by Aubrey and a colleague, Ron Lyon. In 1980, Thomas sued Aubrey, Lyon, and others in state court for breach of contract and damages, alleging that the defendants breached a joint venture agreement for the production and use of the…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. Fletcher v. Western National Life InsuranceCalifornia Court of Appeal · 1970
  4. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  5. Bankr. L. Rep. P 70,524 in Re Cloyd W. Devers and Barbara Devers, Debtors. Cloyd W. Devers and Barbara Devers v. Bank of Sheridan, MontanaCourt of Appeals for the Ninth Circuit · 1985

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3Cited by61 opinions

  1. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  2. Fogal Legware of Switzerland, Inc. v. Wills (In Re Wills)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Khalil v. Developers Surety & Indemnity Co. (In Re Khalil)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Searles v. Riley (In Re Searles)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. Gertsch v. Johnson & Johnson, Finance Corp. (In Re Gertsch)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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