Legal Opinion

Thiara v. Spycher Bros. (In Re Thiara)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 1, 2002No. BAP No. EC-01-1359-MAPB, Bankruptcy No. 00-25481, Adversary No. 00-2394PublishedCited by 62 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The debtor/farmer obtained crop financing under the false pretense and misrepresentation that he would repay the shortfall for a 1998 crop advance as well as any new advances for the 1999 crop. He then converted insurance proceeds for the damaged 1999 crop, and refused to pay the shortfall. Because of supervening binding authority, we VACATE the judgment that the conversion liability is nondischargeable and REMAND, while (in an unpublished companion memorandum) AFFIRMING the nondischargeability of part of the debt based on fraud.

FACTS

Sarbjit Singh…

2Cases cited33 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  4. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  5. In Re: Seymour Markowitz, Debtor. Seymour Markowitz v. Carolyn CampbellCourt of Appeals for the Sixth Circuit · 1999

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3Cited by62 opinions

  1. Ormsby v. First American Title Co.Court of Appeals for the Ninth Circuit · 2010
  2. Barboza v. New Form, Inc. (In Re Barboza)Court of Appeals for the Ninth Circuit · 2008
  3. Roth v. Educational Credit Management Corp. (In Re Roth)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  4. Albarran v. New Form, Inc. (In Re Albarran)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. In Re LittleUnited States Bankruptcy Court, N.D. Ohio · 2005

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

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