Legal Opinion
Bailey v. James (In Re James)
United States Bankruptcy Court, W.D. Kentucky
Decided September 6, 1984No. 19-50086PublishedCited by 29 opinions
1Opinion of the Court
MEMORANDUM OPINION
MERRITT S. DEITZ, Jr., Bankruptcy Judge.
The sole issue before the court on a stipulated record is whether cash shortages which developed in a real estate escrow account were the product of an “embezzlement” within the meaning of 11 U.S.C. § 523(a)(4), thus rendering the resulting debt nondischargeable in bankruptcy.
The issue involves a question of federal law 1 which is within the exclusive jurisdiction of the federal bankruptcy court. 2 In deciding the federal question we will rely on the established caselaw definition of embezzlement as the “fraudulent appropriation of…
2Cases cited13 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- United States v. MurdockSupreme Court of the United States · 1934
- Moore v. United StatesSupreme Court of the United States · 1895
- Great American Insurance v. Graziano (In Re Graziano)United States Bankruptcy Court, E.D. New York · 1983
- Great American Insurance v. Storms (In Re Storms)United States Bankruptcy Court, E.D. North Carolina · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In the Matter of Donald Weber and Roxanne Weber, Debtors. Appeal of Michael C. Ablan, CreditorCourt of Appeals for the Seventh Circuit · 1989
- Moonan v. Bevilacqua (In Re Bevilacqua)United States Bankruptcy Court, S.D. New York · 1985
- Clark v. Taylor (In Re Taylor)United States Bankruptcy Court, E.D. Virginia · 1986
- American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
- National Bank of Commerce of Pine Bluff v. Hoffman (In Re Hoffman)United States Bankruptcy Court, W.D. Arkansas · 1986
24 more not listed; retrieve them via the Exa API.