Legal Opinion

Ford v. Baroff (In re Baroff)

Court of Appeals for the Ninth Circuit

Decided January 13, 1997No. 95-17269PublishedCited by 71 opinions

1Opinion of the Court

HARLINGTON WOOD, JR., Circuit Judge:

Plaintiffs-Appellees, certain creditors and former business partners of Sheldon Baroff (“Baroff’), the debtor, filed an action under Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, contending that their claims against the debtor were nondisehargeable because the debtor had obtained the loans by fraud and because Baroff committed fraud while acting in a fiduciary capacity. Baroff successfully defended the nondisehargeability action in part on the grounds that a settlement agreement between the parties pre-eluded proof of the allegedly fraudulent loans.

Ba…

2Cases cited12 opinions

  1. In Re Elmer FOBIAN and Elsie Fobian, Debtors. Elmer FOBIAN and Elsie Fobian, Appellants, v. WESTERN FARM CREDIT BANK, AppelleeCourt of Appeals for the Ninth Circuit · 1991
  2. Lafarge Conseils Et Etudes, S.A. v. Kaiser Cement & Gypsum Corp., Defendant-Counterclaimant/appellant v. The Howard P. Foley Company, Counterdefendant/appelleeCourt of Appeals for the Ninth Circuit · 1986
  3. Stout v. TurneyCalifornia Supreme Court · 1978
  4. Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.)Court of Appeals for the Ninth Circuit · 1990
  5. In Re JohnsonCourt of Appeals for the Ninth Circuit · 1985

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3Cited by71 opinions

  1. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997
  2. In Re Larry's ApartmentCourt of Appeals for the Ninth Circuit · 2001
  3. In Re Stephen Raymond Strand Kristie Gale Strand, Debtors, Bruce Leichty v. William T. Neary, United States TrusteeCourt of Appeals for the Ninth Circuit · 2004
  4. Renwick v. Bennett (In re Bennett)Court of Appeals for the Ninth Circuit · 2002
  5. In Re Kord Enterprises Ii, a California Partnership, Debtor. Kord Enterprises Ii, a California Partnership v. California Commerce BankCourt of Appeals for the Ninth Circuit · 1998

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