Legal Opinion

Nourbakhsh v. Gayden (In Re Nourbakhsh)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 10, 1994No. BAP No. SC-92-1615-AsRO. Bankruptcy No. 90-05884. Adv. No. 90-90529PublishedCited by 33 opinions

1Opinion of the Court

OPINION

ASHLAND, Chief Judge:

A creditor who obtained a default judgment in a Florida State Court sued the debt- or to determine the nondischargeability of this debt pursuant to 11 U.S.C. § 523(a)(2)(A). The bankruptcy court granted the creditor’s motion for summary judgment finding that there were no genuine issues of material fact because of the collateral estoppel effect of the Florida State Court judgment. We affirm.

STATEMENT OF FACTS

The debtor Emil Nourbakhsh and his affiliated corporation, The Gold Exchange, invested in precious metals for their clients. John and Miriam Gayden placed five…

2Cases cited22 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Brown v. FelsenSupreme Court of the United States · 1979
  3. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  4. Bankr. L. Rep. P 68,272 Gail Spilman v. Darryl M. HarleyCourt of Appeals for the Sixth Circuit · 1981
  5. William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992

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

3Cited by33 opinions

  1. In Re Freddie Maxton Bush, Debtor. Freddie Maxton Bush v. Balfour Beatty Bahamas, LimitedCourt of Appeals for the Eleventh Circuit · 1995
  2. Younie v. Gonya (In Re Younie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. Kevin Harris v. James F. JayoCourt of Appeals for the Eleventh Circuit · 2021
  4. League v. Graham (In Re Graham)United States Bankruptcy Court, N.D. Georgia · 1996
  5. Vogel v. Kalita (In Re Kalita)United States Bankruptcy Court, W.D. Michigan · 1996

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API