Legal Opinion
Sherman v. Securities & Exchange Commission (In Re Sherman)
Court of Appeals for the Ninth Circuit
Decided September 19, 2011No. 09-55880PublishedCited by 39 opinions
1Opinion of the Court
Opinion by Judge BYBEE; Dissent by Judge FISHER.
OPINION
BYBEE, Circuit Judge:
Ordinarily, an individuáis debts may be discharged in Chapter 7 bankruptcy under 11 U.S.C. § 727. However, a debt may not be discharged if it results from a violation of state or federal securities laws. 11 U.S.C. § 523(a)(19)(A)(i). The question in this case is whether the exception to discharge in § 523(a)(19)1 applies when the debtor himself is not culpable for the securities violation that caused the debt. The bankruptcy court held that the debt was subject to discharge; the district court disagreed and held that…
2Cases cited17 opinions
- Astrue v. RatliffSupreme Court of the United States · 2010
- Grogan v. GarnerSupreme Court of the United States · 1991
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Albernaz v. United StatesSupreme Court of the United States · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
- In re: Benjamin Moonkang HuhUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Sullivan v. Glenn (In re Glenn)United States Bankruptcy Court, N.D. Illinois · 2013
- Carto v. Oakley (In re Oakley)United States Bankruptcy Court, E.D. Pennsylvania · 2013
- Oklahoma Department of Securities Ex Rel. Faught v. WilcoxCourt of Appeals for the Tenth Circuit · 2012
34 more not listed; retrieve them via the Exa API.