Shaffer v. Bird, II, No. 14-6003 (8th Cir. 2014)
Annotate this CaseDebtor served as the trustee of a consolidated case (NWFX). As a result of debtor's fraud, the NWFX court entered judgment against debtor in favor of the bankruptcy estate for $199,979.26 plus interest. After debtor filed his own petition for Chapter 11 bankruptcy relief, plaintiff filed a complaint to determine the dischargeability of the debt underlying the judgment. On plaintiff's motion for summary judgment under 11 U.S.C. 523(a)(4), the bankruptcy court concluded that the debt was nondischargeable and entered a judgment to that effect. Reviewing the matter de novo, the panel determined that there was no genuine issue of material fact and that plaintiff was entitled to judgment as a matter of law. The panel rejected debtor's arguments that it was unclear whether plaintiff complied with Arkansas law for reviving the judgment. Accordingly, the panel affirmed the judgment of the bankruptcy court.
Court Description: Bankruptcy Appellate Panel. Where debtor, a Chapter 11 trustee, had previously been ordered to repay the bankruptcy estate of NWFX $199,979 as a result of his fraud on the estate and the court, the bankruptcy court did not err in finding this debt was nondischargeable in the trustee's own bankruptcy proceeding; argument that the debt had not been properly revived under Arkansas law rejected as debtor had failed to raise the issue before the bankruptcy court. [ July 07, 2014
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