In re: Ormsby, No. 08-15572

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.

Read In re: Ormsby, No. 08-15572

Appellate Information

Argued and Submitted June 11, 2009

Filed January 8, 2010

Judges

Opinion by Judge Roth

Counsel

For Appellant:

Helga A. White, Auburn, CA

For Appellee:

James A. Tiemstra, Esquire, Law Offices of James A. Tiemstra, CA