Nawroz v. Wells Fargo Advisors, LLC, No. 1:2012cv00216 - Document 11 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION re Argument on Bankruptcy Appeal. Signed by District Judge Gerald Bruce Lee on 8/14/12. (klau, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION MARYAM NAWROZ Appellant, Civil No. l:12-cv-216(GBL) v. WELLS FARGO ADVISORS, LLC Appellee. MEMORANDUM OPINION This matter is before the Court on pro se Appellant Maryam Nawroz's appeal from the decision ofthe United States Bankruptcy Court ofthe Eastern District ofVirginia that Appellee WeUs Fargo Advisors, LLC's ("Wells Fargo") claim is non-dischargeable pursuant to 11 U.S.C. §523(a)(2)(4). This case arises from Ms. Nawroz's use of funds mistakenly deposited into her individual retirement account ("IRA") by Wachovia Securities, LLC ("Wachovia"). After aCalifornia state court entered adefault judgment against Ms. Nawroz for the amount of$36,962.71 in acivil action brought by Wachovia, Ms. Nawroz obtained adischarge ofthe debt in aChapter 7bankruptcy proceeding. Wells Fargo Advisors, LLC ("Wells Fargo"), as the successor to Wachovia, initiated an adversary proceeding in the Bankruptcy Court to have the debt declared non-dischargeable. After aone-day, non-jury trial on the merits ofWells Fargo's complaint, United States Bankruptcy Judge Brian F. Kenney held that Ms. Nawroz's debt to WeUs Fargo was non-dischargeable pursuant to 11 U.S.C. §523(a)(6) and entered judgment in favor ofWells Fargo. See Wells Fargo Advisors, LLC v. Nawroz (In re Nawroz),
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