Legal Opinion
Peterson v. Lusk (In re Lusk)
United States Bankruptcy Court, E.D. California
Decided July 5, 2018No. Case No. 17-10245-B-13; Adv. Proceeding No. 17-1016-BPublishedCited by 3 opinions
1Opinion of the Court
Rene Lastreto II., Judge, United States Bankruptcy Court
INTRODUCTION
11 U.S.C. § 523(a)(4) excepts from discharge an individual debtor's debt for *681fraud or defalcation while acting in a fiduciary capacity. Debtor's former spouse here asks the court to find nondischargeable a debt stemming from a previously adjudicated community property interest in defendant's retirement benefits. The court holds that sufficient evidence has been presented establishing both the defendant's defalcation and requisite intent. Consequently, the debt representing that previously awarded community property interest…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Cohen v. De La CruzSupreme Court of the United States · 1998
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
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3Cited by3 opinions
- Kramer v. AvisDistrict Court, S.D. California · 2020
- Ponce v. CsigiUnited States Bankruptcy Court, D. Hawaii · 2022
- Tule Lake Committee v. City of TulelakeDistrict Court, E.D. California · 2020