Legal Opinion

Sarbaz v. Feldman (In Re Sarbaz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 10, 1998No. BAP No. CC-97-1825-MeBW, Bankruptcy No. SV 95-15531 KLPublishedCited by 2 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge.

I

The bankruptcy court granted judgment in favor of the plaintiff in an action under Bankruptcy Code Section 523(a)(6). While this appeal was pending the Supreme Court rendered its opinion in Kawaauhau v. Geiger, — U.S. -, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998), clarifying the scope of the “willful and malicious injury” exception to the discharge. We will REMAND to allow the bankruptcy court to reconsider its ruling in light of that Supreme Court decision.

II

FACTS

The debtor, Amir Houshang Sarbaz (“Sar-baz”), was the owner of a car dealership called Beverly Hills…

2Cases cited4 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Jaffe v. Wavelength, Inc. (In Re Wavelength, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  3. Long v. Joe Romania Chevrolet, Inc. (In Re Loken)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  4. Coopers & Lybrand v. Sun-Diamond Growers of CACourt of Appeals for the Ninth Circuit · 1990

3Cited by2 opinions

  1. Murphy v. VanschoiackUnited States Bankruptcy Court, D. Idaho · 2006
  2. Christen v. Himber (In Re Himber)United States Bankruptcy Court, C.D. California · 2002

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