Legal Opinion

American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 15, 1985No. BAP No. CC-84-1003 VAbM, Bankruptcy No. LA 83-05588 CA, Adv. Nos. LA-83-9442 CA, LA-83-8534 CAPublishedCited by 36 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge.

I. INTRODUCTION

This dischargeability proceeding was brought by American Federation of State, County and Municipal Employees, Local 2051 (Union) against the debtors, David Stephens and Sherrie Raye Stephens (Stephens). The particular grounds alleged involve fraud under 11 U.S.C. § 523(a)(2)(A), breach of fiduciary duty under § 523(a)(4), and intentional conversion under § 523(a)(6).

The complaint alleges that Stephens wrongfully and intentionally withdrew $87,127.68 from funds entrusted to him by the Union for the purpose of obtaining “stop-loss insurance” to…

2Cases cited11 opinions

  1. Heiniger v. City of PhoenixCourt of Appeals for the Ninth Circuit · 1980
  2. Garter-Bare Company, an Unincorporated Association (A Limited Partnership), and Knut L. Bjorn-Larsen v. Munsingwear, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1980
  3. A R Inc. v. Electro-Voice, IncorporatedCourt of Appeals for the Seventh Circuit · 1962
  4. James R. Tygrett v. Walter E. Washington, Commissioner, District of ColumbiaCourt of Appeals for the D.C. Circuit · 1976
  5. Bailey v. James (In Re James)United States Bankruptcy Court, W.D. Kentucky · 1984

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3Cited by36 opinions

  1. Hayhoe v. Cole (In Re Cole)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  2. Miller v. Schuman (In Re Schuman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  3. Aubrey v. Thomas (In Re Aubrey)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  4. Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. Urbatek Systems, Inc. v. Lochrie (In Re Lochrie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

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

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