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United States First Circuit


In Re: Sherman, 09-1572

Bankruptcy court's denial of discharge of the $983,000 debt based on its finding that the debtor appropriated the victims' property for his own benefit with fraudulent intent, thus finding the elements necessary to hold the debtor responsible as an embezzler, is affirmed, as while it is true that the bankruptcy judge did not make an express finding that debtor knew the action being taken was unauthorized, the judge's conclusion leaves no doubt that he did so find.

Appellate Information

  • Decided 04/21/2010
  • Published 04/21/2010

Judges

  • SOUTER, Associate Justice., Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Evan Fray-Witzer, with whom Law Office of Evan Fray-Witzer was on brief, for appellant.

  • For Appellees:
  • Edward J. Fallman, for appellees.
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