Legal Opinion
Ed Schory & Sons, Inc. v. Francis (In Re Francis)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided November 10, 1998No. BAP 98-8023PublishedCited by 41 opinions
1Opinion of the Court
OPINION
The Debtor, Frank P. Francis, has appealed the bankruptcy court’s grant of summary judgment in favor of the Plaintiffs (Schory) in a nondischargeability action under § 523(a)(2)(A). The bankruptcy court determined that due to several prior state court decisions, collateral estoppel barred Francis from relitigating whether his debt resulted from his fraud. The Ohio Supreme Court had previously held that a letter in which Francis admitted that he had fraudulently misappropriated funds from Schory was substantially true. The bankruptcy court further determined that a prepetition…
2Cases cited23 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Brown v. FelsenSupreme Court of the United States · 1979
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Cohen v. De La CruzSupreme Court of the United States · 1998
18 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Steier v. BestCourt of Appeals for the Sixth Circuit · 2004
- Spring Works, Inc. v. Sarff (In Re Sarff)Bankruptcy Appellate Panel of the Sixth Circuit · 2000
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
- Schafer v. Rapp (In Re Rapp)United States Bankruptcy Court, S.D. Ohio · 2007
- Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
36 more not listed; retrieve them via the Exa API.