Legal Opinion

Racetrac Petroleum, Inc. v. Khan (In Re Khan)

District Court, E.D. Virginia

Decided December 30, 2011No. Bankruptcy No. 10-15387. No. 1:11cv982PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This is an appeal from a final judgment 1 issued by the U.S. Bankruptcy Court for the Eastern District of Virginia in an adversary proceeding brought by appellant Racetrac Petroleum, inc. against appellee Shakeel S. Khan, the Chapter 7 debtor. The central question presented on appeal is whether the Bankruptcy Court erred in concluding that Khan’s debt to Racetrac was dischargeable, as it was not a debt for “defalcation while acting in a fiduciary capacity[.]” 11 U.S.C. § 523(a)(4). Because this conclusion is incorrect, the judgment of the…

2Cases cited15 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Quaif v. JohnsonCourt of Appeals for the Eleventh Circuit · 1993
  3. In Re StrackCourt of Appeals for the Fourth Circuit · 2008
  4. Leonard v. CountsSupreme Court of Virginia · 1980
  5. American Bankers Insurance Company of Florida, and United States Fidelity & Guaranty Company v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company, and American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B.Court of Appeals for the Fourth Circuit · 1996

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3Cited by6 opinions

  1. Webb v. Isaacson (In re Isaacson)United States Bankruptcy Court, E.D. Virginia · 2012
  2. Durant v. Durant (In re Durant)United States Bankruptcy Court, D. Maryland · 2018
  3. In re FosterUnited States Bankruptcy Court, E.D. Virginia · 2016
  4. Gold v. Myers Controlled Power, LLC (In re Truland Grp., Inc.)United States Bankruptcy Court, E.D. Virginia · 2018
  5. Dixon v. Wilkerson, Jr.United States Bankruptcy Court, E.D. Virginia · 2022

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