Roussos v. Michaelides (In Re Roussos)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
In a nondischargeability proceeding concerning fraud by a fiduciary (§ 523(a)(4)), and willful and malicious injury (§ 523(a)(6)),1 the bankruptcy court granted summary judgment to the creditor, Lula Michaelides (“the appellee”). A state court judgment had been rendered in the appellee’s favor against Harry Roussos and Theodosios Roussos (the “debtors”) for breach of fiduciary duty and fraud. In determining the debt to be nondischargeable, the bankruptcy court applied collateral estoppel to the state court judgment.
The state court had calculated the…
2Cases cited25 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
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- Subich v. Verrone (In Re Verrone)United States Bankruptcy Court, W.D. Pennsylvania · 2002
- McCarron v. Andrews (In Re Andrews)United States Bankruptcy Court, D. Connecticut · 2008
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