From Casetext: Smarter Legal Research

In the Matter of Stokes

United States Court of Appeals, Fifth Circuit
Jul 14, 1993
995 F.2d 76 (5th Cir. 1993)

Summary

making no distinction between § 523 nondischargeable punitive damages and statutory damages

Summary of this case from In re Albarran

Opinion

No. 92-8710. Summary Calendar.

July 14, 1993.

William C. Davidson, Jr., Minter, Joseph Thornhill, P.C., Austin, TX, for appellant.

Robert R. Bradshaw, Babb Bradshaw, Austin, TX, for appellee.

Appeal from the United States District Court for the Western District of Texas.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.


In this bankruptcy case involving the dischargeability of a claim pursuant to 11 U.S.C. § 523, the primary question is whether a finding of actual fraud and of the applicability of 11 U.S.C. § 523(a)(2)(A) necessarily precludes a finding that the same conduct also amounts to "willful and malicious conduct" under 11 U.S.C. § 523(a)(6). In a comprehensive opinion, Stokes v. Ferris, 150 B.R. 388 (W.D.Tex. 1992), the district court, in an appeal from the bankruptcy court, answered the question in the affirmative, holding that the same conduct can give rise to a cause of action under both section 523(a)(2)(A) and section 523(a)(6). See id. at 392.

We affirm, essentially for the reasons stated, and the analysis made, by the district court. This holding is consistent with existing caselaw for, while we are aware of no case that holds that conduct under one of the provisions cannot also constitute conduct under the other, a number of courts have suggested that the same conduct can violate both provisions. See, e.g., Britton v. Price (In re Britton), 950 F.2d 602, 603-05 (9th Cir. 1991); Rubin v. West (In re Rubin), 875 F.2d 755, 758 n. 1 (9th Cir. 1989); Giangrasso v. Butler (In re Giangrasso), 145 B.R. 319, 321-24 (Bankr. 9th Cir. 1992); Seay v. Greene (In re Greene), 150 B.R. 282, 285-87 (Bankr. S.D.Fla. 1993); Goins v. Day (In re Day), 137 B.R. 335, 341-42 (Bankr.W.D.Mo. 1992).

The judgment of the district court is AFFIRMED.


Summaries of

In the Matter of Stokes

United States Court of Appeals, Fifth Circuit
Jul 14, 1993
995 F.2d 76 (5th Cir. 1993)

making no distinction between § 523 nondischargeable punitive damages and statutory damages

Summary of this case from In re Albarran
Case details for

In the Matter of Stokes

Case Details

Full title:IN THE MATTER OF JOHN JAY STOKES, JR., DEBTOR. ANTHONY P. FERRIS, TRUSTEE…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 14, 1993

Citations

995 F.2d 76 (5th Cir. 1993)

Citing Cases

In re Barrack

The claim at issue consisted of:         In In re Stokes, 995 F.2d 76 (5th Cir.1993), the Fifth…

In re Barrack

Id. at 232. In In re Stokes, 995 F.2d 76 (5th Cir. 1993), the Fifth Circuit, relying on the district court's…