United States Ninth Circuit

In an action by a creditor to prevent the bankruptcy court's discharge of a state court judgment against the debtor, summary judgment for the creditor is affirmed where: 1) the debtor's conduct constituted larceny within the federal meaning of the term, and accordingly under 11 U.S.C. section 523(a)(4), his debt could not be discharged; 2) the debtor knew that the creditor's injury was substantially certain to occur as a result of his conduct; and 3) the district court's withdrawal of the creditor's motion for attorney's fees and subsequent decision on attorney's fees were not improper.

Appellate Information

• Argued 06/11/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• Before MARSHA S. BERZON, JANE R. ROTH, and MARY M. SCHROEDER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Helga A. White, Esquire, Auburn, CA, for the appellant.


• For Appellees:
  
• James A. Tiemstra, Esquire, Law Offices of James A. Tiemstra, CA, for the appellee.