· 12/3/1999
In Re: Bailey, Bruce Albion, Debtor. Jon J. Del Bino v. Bruce Albion Bailey
Citations
- 197 F.3d 997
- 99 Cal. Daily Op. Serv. 9467
- 99 Daily Journal DAR 12217
- 1999 U.S. App. LEXIS 32128
- 35 Bankr. Ct. Dec. (CRR) 76
- 1999 WL 1124250
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the complaining 4 party must prove she was “entitled to immediate possession [of the converted property] at 5 the time of conversion
- making it clear that our maliciousness standard — and in particular our “just cause and excuse” prong — survived Geiger
- considering whether act constitutes tort of conversion in determining nondischargea- bility under § 523(a)(6)
- “Under California 4 law, one who wrongfully withholds personal property from another who is entitled to it under a 5 security agreement may be liable for conversion.”
- “While bankruptcy law governs whether a claim is nondischargeable under § 523(a)(6), this court looks to state law to determine whether an act falls within the tort of conversion.”
- while bankruptcy law governs whether a claim is 22 nondischargeable under § 523(a)(6), the court looks to state law 23 to determine whether an act falls within the underlying tort
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Silverman, Walter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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