Legal Opinion
Swimmer v. Moeller (In Re Moeller)
United States Bankruptcy Court, S.D. California
Decided March 5, 2012No. 19-00653PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION
LAURA S. TAYLOR, Bankruptcy Judge.
Debtor and defendant Michael D. Moel-ler seeks dismissal of a cause of action seeking a determination that a claim based on an alleged breach of fiduciary duty is nondischargeable under 11 U.S.C. § 523(a)(4). 1 Debtor argues that even if the Court assumes the truth of the facts as set forth in the complaint — that he was an officer or director of an insolvent corporation, that the plaintiff, Andrew E. Swimmer, was a creditor of that corporation, and that he wrongfully diverted funds paid by Plaintiff to the company to his personal use…
2Cases cited36 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Jones v. BockSupreme Court of the United States · 2007
- Grogan v. GarnerSupreme Court of the United States · 1991
- Stern v. MarshallSupreme Court of the United States · 2011
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
31 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hulsing Hotels Tennessee, Inc. v. Steffner (In re Steffner)United States Bankruptcy Court, E.D. Tennessee · 2012
- Houng v. Tatung Co.District Court, C.D. California · 2013
- California Bank & Trust v. Licursi (In re Licursi)United States Bankruptcy Court, C.D. California · 2017
- Brady v. United States of America, Small Business AdministrUnited States Bankruptcy Court, N.D. California · 2022
- Karen W. Hall and Spuddog Farm Properties LLC - Adversary ProceedingUnited States Bankruptcy Court, M.D. Florida · 2023
2 more not listed; retrieve them via the Exa API.