Legal Opinion

Johnson v. King (In re King)

United States Bankruptcy Court, N.D. Texas

Decided November 10, 2015No. CASE NO. 14-42820-MXM; ADVERSARY NO. 14-04104-MXMPublished

1Opinion of the Court

MEMORANDUM OPINION

Mark X. Mullin, United States Bankruptcy Judge

On September 29, 2015, the Court held a trial on Plaintiff Russell Johnson’s complaint to declare Defendant Earl Westley King’s debt to him nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). Because Plaintiff did not prove certain nondis-chargeability elements by a preponderance of the evidence, the Court will enter a separate judgment for Defendant.

I. Background

In January 2007, Plaintiff and Defendant formed Earl’s Deli, LLC, a Texas limited liability company (the “LLC”), to operate a deli sandwich shop in Tarrant *406County,…

2Cases cited8 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
  4. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  5. Smith v. Hayden (In Re Hayden)United States Bankruptcy Court, N.D. Texas · 2000

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