Legal Opinion

Rapid Settlements Ltd v. Scott Shcolnik

Court of Appeals for the Fifth Circuit

Decided February 9, 2012No. 10-20800PublishedCited by 38 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

The debtor, a former company officer, allegedly attempted to obtain one million dollars by falsely claiming an ownership interest in the company and threatening public exposure of alleged illegal activity. After the debtor lost an arbitration proceeding, he filed for bankruptcy. The question here is whether the company’s attorneys’ fees for the arbitration represent a nondischargeable debt under 11 U.S.C. § 523(a)(4) or (a)(6). We reverse and remand the summary judgment rendered against the creditors. The debt may have arisen for willful and malicious injury and…

2Cases cited11 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Miller v. J.D. Abrams Inc. (In Re Miller)Court of Appeals for the Fifth Circuit · 1998
  3. In the Matter Of: Larry Williams Shannon Britton Williams, Debtors. Larry Williams v. International Brotherhood of Electrical Workers Local 520Court of Appeals for the Fifth Circuit · 2003
  4. In the Matter Of: Bruce Barton Schwager, Debtor. Bruce Barton Schwager v. Meyer Fallas Fred Fallas William Cramer Malcolm MarcoeCourt of Appeals for the Fifth Circuit · 1997
  5. In the Matter Of: Robert Burke Keaty, Sr. Erin Kenny Keaty, Debtors. Roy A. Raspanti v. Robert Burke Keaty, Sr.Court of Appeals for the Fifth Circuit · 2005

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3Cited by38 opinions

  1. Harley N. Kane v. Stewart Tilghman Fox & Bianchi PACourt of Appeals for the Eleventh Circuit · 2014
  2. Stewart Tilghman Fox & Bianchi, P.A. v. Kane (In Re Kane)United States Bankruptcy Court, S.D. Florida. · 2012
  3. Margulies v. HoughDistrict Court, S.D. New York · 2014
  4. Mid-S. Maint., Inc. v. Burk (In re Burk)United States Bankruptcy Court, N.D. Mississippi · 2018
  5. Trenwick America Reinsurance Corp. v. Swasey (In re Swasey)United States Bankruptcy Court, D. Massachusetts · 2013

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