Legal Opinion

Stephens v. Bigelow (In Re Bigelow)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 30, 2001No. BAP No. WW-01-1059-MaMoR. Bankruptcy No. 99-12562. Adversary No. 00-1944PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Plaintiff Fred Stephens has appealed the bankruptcy court’s dismissal of his nondischargeability complaint. Stephens contends that the bankruptcy court erred by refusing to apply issue preclusion to a Washington state court default judgment. Alternatively, he argues that the bankruptcy court erred by not determining the debt to be a nondischargeable defalcation by a fiduciary, viz, the debtors criminal defense attorney. We AFFIRM.

FACTS

In 1995, Stephens was incarcerated in King County on a murder charge. He hired the debtor, Donovan Bigelow, who was…

2Cases cited45 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Grogan v. GarnerSupreme Court of the United States · 1991
  3. Brown v. FelsenSupreme Court of the United States · 1979
  4. Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
  5. Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987

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3Cited by18 opinions

  1. Heers v. Parsons (In Re Heers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  2. Kun v. Mansdorf (In Re Woodcraft Studios, Inc.)District Court, N.D. California · 2011
  3. Stallworth v. McBride (In re McBride)United States Bankruptcy Court, D. Massachusetts · 2014
  4. Peterson v. Lusk (In re Lusk)United States Bankruptcy Court, E.D. California · 2018
  5. Braden Trust v. Chavez (Chavez)United States Bankruptcy Court, D. Arizona · 2010

13 more not listed; retrieve them via the Exa API.

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