Legal Opinion
Lockerby v. Sierra
Court of Appeals for the Ninth Circuit
Decided August 7, 2008No. 06-15928PublishedCited by 83 opinions
1Opinion of the Court
HAWKINS, Circuit Judge:
Sierra appeals the district court’s order and judgment affirming the bankruptcy court’s determination that Locker-by’s breach of contract claim against Sierra was non-dischargeable under 11 U.S.C. § 523(a)(6). We hold that an intentional breach of contract cannot give rise to non-dischargeability under § 523(a)(6) unless it is accompanied by conduct that constitutes a tort under state law.
FACTUAL AND PROCEDURAL HISTORY
Sierra was Lockerby’s attorney in a previous matter. When Lockerby sued Sierra for malpractice, the parties entered into a settlement agreement, in which…
2Cases cited16 opinions
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
- In Re: George Jercich, Debtor. James A. Petralia v. George JercichCourt of Appeals for the Ninth Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Reese v. BP Exploration (Alaska) Inc.Court of Appeals for the Ninth Circuit · 2011
- Oney v. Weinberg (In Re Wienberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Smith v. Smith (In re Smith)United States Bankruptcy Court, M.D. Georgia · 2013
- Oakland Ridge Homeowners Ass'n v. Braverman (In re Braverman)United States Bankruptcy Court, N.D. Illinois · 2011
- Orr v. Marcella (In re Marcella)United States Bankruptcy Court, D. Connecticut · 2011
78 more not listed; retrieve them via the Exa API.