Thiara v. Spycher Bros. (In Re Thiara)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[a]lthough federal law determines the dischargeability of a debt, state law governs the elements of a conversion respecting property”
• discussing how not every act of conversion results in a nondischargeable debt because not every such act is committed with the necessary subjective intent to harm
• noting that in California, “a lien constitutes a property interest”
• declining to consider alternative counts on appeal in a section 523 matter
• declining to consider alternative counts on appeal in a section 523 matter
• focusing on debtor's state of mind and stating that a willful conversion may be established by “[p]roof of the debtor's knowledge that he or she is harming the secured creditor or the creditor's lien interest by converting the collateral.”

Source: CourtListener parenthetical corpus (CC0).