· 6/5/2015
Northbay Wellness Group v. Michael Beyries
Citations
- 789 F.3d 956
- 74 Collier Bankr. Cas. 2d 466
- 2015 U.S. App. LEXIS 9397
- 61 Bankr. Ct. Dec. (CRR) 35
- 2015 WL 3529634
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where the Ninth Circuit 15 reversed the bankruptcy court because it failed to conduct the balancing test and weigh 16 the parties’ respective wrongdoing, which was an error of law that abused discretion
- “[A]n action for breach of fiduciary duty is an action in equity[.]”
- bankruptcy court abused its discretion by failing to conduct the balancing test required by doctrine of 27 unclean hands, and instead determining that unclean hands applied solely because the creditor had engaged in marijuana 28 distribution
- unclean hands “requires balancing the alleged wrongdoing of the plaintiff against that of the defendant, and ‘weighting] the substance of the right asserted by [the] plaintiff against the transgression which, it is contended, serves to foreclose that right.”
- unclean hands 22 doctrine applicable in dischargeability proceedings
- unclean hands 22 doctrine applicable in dischargeability proceedings
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Nguyen, Friedland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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