Legal Opinion

Rettig v. Peters (In Re Peters)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 18, 1996No. BAP No. CC-94-2523-VJRi. Bankruptcy No. LA93-26896 CA. Adv. No. LA93-02735 CAPublishedCited by 6 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Nancy Jo Rettig (“Ms. Rettig”), a creditor of the debtor, appeals a judgment holding the debtor not liable for fraud or defalcation while acting in a fiduciary capacity under 11 U.S.C. § 523(a)(4). 2 The panel is without jurisdiction to reach the merits, however, because of an unresolved motion below.

We REMAND.

FACTUAL BACKGROUND AND PROCEEDINGS

Ms. Rettig is a psychotherapist who specializes in family counseling. She had personal savings of $20,000 at the time she started dating the debtor in April of 1991.

The debtor holds a California real estate…

2Cases cited15 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. Bankr. L. Rep. P 74,355 in Re Robert Britton, Debtor. Robert Britton v. Mary PriceCourt of Appeals for the Ninth Circuit · 1991
  3. Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  4. In Re Randolph C. Bugna, Debtor. Randolph C. Bugna v. Edward E. McArthurCourt of Appeals for the Ninth Circuit · 1994
  5. Jacqueline Selph v. Council of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1979

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3Cited by6 opinions

  1. Honkanen v. Hopper (In Re Honkanen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. Kowalski-Schmidt v. Forsch (In Re Giordano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Travers v. Dragul (In Re Travers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. Krishnamurthy v. Nimmagadda (In Re Krishnamurthy)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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