Legal Opinion

Albarran v. New Form, Inc. (In Re Albarran)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 24, 2006No. BAP No. SC-05-1398-MaSPa., Bankruptcy No. 04-04938, Adversary No. 04-90395PublishedCited by 12 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The debtors, who reproduce and distribute motion picture titles in the home video market, filed a voluntary chapter 7 1 petition after a district court judgment for willful copyright infringement was entered against them for statutory damages plus interest, attorney’s fees and costs in the sum of $893,077.11. The judgment creditor then obtained a judgment, in bankruptcy court, that the debt was a nondis-chargeable “willful and malicious injury” pursuant to § 523(a)(6).

Debtors maintain that an award of statutory damages, without proof of any actual…

2Cases cited47 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Allen v. McCurrySupreme Court of the United States · 1980

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3Cited by12 opinions

  1. Ghomeshi v. Sabban (In Re Sabban)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Merena v. Merena (In Re Merena)United States Bankruptcy Court, D. Montana · 2009
  3. Launder v. Doll (In re Doll)United States Bankruptcy Court, N.D. Ohio · 2018
  4. Choice Hotels International, Inc. v. Wright (In Re Wright)United States Bankruptcy Court, C.D. California · 2006
  5. Abbey v. Retz (In Re Retz)United States Bankruptcy Court, D. Montana · 2007

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

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