Legal Opinion

Lake v. Capps (In Re Lake)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 4, 1996No. BAP Nos. NC-96-1049-RHB, NC-96-1103-RHB, Bankruptcy No. 95-10687, Adv. No. 95-1155PublishedCited by 20 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

Several judgment creditors filed a complaint to determine that their state court default judgment for fraud and another alleged debt were nondischargeable pursuant to §§ 523(a)(2)(A), (B) and (a)(6) 2 . The bankruptcy court gave collateral estoppel effect to the state court judgment and held that the compensatory damages portion of the judgment was nondischargeable, but that the state court record did not support a finding that the punitive damages and attorneys’ fees were nondischargeable. After a trial, the bankruptcy court concluded that the plaintiffs’…

2Cases cited29 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. United States v. ThrockmortonSupreme Court of the United States · 1878
  4. W. Michael Kimes J. Colette Boykin v. Peter G. Stone, Judge, Superior Court Robert L. Mezzetti, II Henry Mariani Robert MacHadoCourt of Appeals for the Ninth Circuit · 1996
  5. Kalb v. FeuersteinSupreme Court of the United States · 1940

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3Cited by20 opinions

  1. Singleton v. Fifth Third Bank of Western Ohio (In Re Singleton)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  2. Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. Younie v. Gonya (In Re Younie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Branam v. Crowder (In Re Branam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. Krasnoff v. Marshack (In Re General Carriers Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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

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