Legal Opinion

Lewis v. Short

Court of Appeals for the Ninth Circuit

Decided June 2, 1987No. 85-3720PublishedCited by 7 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

This is an appeal from a district court order affirming a bankruptcy court’s decision that a debtor was acting in a fiduciary capacity resulting in the non-dischargeability of a debt to a joint venturer. We affirm.

FACTS AND PROCEEDINGS BELOW

In 1973 Robert and Dolores Short, David and Susan Lewis, and John and Sigrid McQuaid entered into a joint venture for developing real property. Pursuant to a written agreement, Robert Short handled the affairs of the joint venture. Section 2 of the joint venture agreement provided:

Robert E. Short shall assume responsibility for…

2Cases cited16 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  3. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  4. In Re Carl L. Pedrazzini and Camille Pedrazzini, Bankrupt. Jack C. Runnion v. Carl L. Pedrazzini and Camille PedrazziniCourt of Appeals for the Ninth Circuit · 1981
  5. Donaldson v. GreenwoodWashington Supreme Court · 1952

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3Cited by7 opinions

  1. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
  2. 17 Collier bankr.cas.2d 143, Bankr. L. Rep. P 71,828 in Re Robert E. Short and Dolores J. Short. David E. Lewis and Susan Lewis, Husband and Wife v. Robert E. Short and Dolores J. Short, Husband and WifeCourt of Appeals for the Ninth Circuit · 1987
  3. Mele v. Mele (In Re Mele)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. Susi v. Mailath (In Re Mailath)United States Bankruptcy Court, N.D. Oklahoma · 1989
  5. Middlefield Banking Co. v. Kassoff (In Re Kassoff)United States Bankruptcy Court, N.D. Ohio · 1992

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