In re Cole

12 Citing cases

  1. Stokes v. Ferris

    150 B.R. 388 (W.D. Tex. 1992)   Cited 32 times
    Holding all debts awarded by a Texas court, including punitive damages, legal fees, and post-judgment interest, to be nondischargeable

    See e.g., In re Britton, 950 F.2d 602, 606 (9th Cir. 1991); In re Miera, 926 F.2d 741, 745 (8th Cir. 1991); In re McGuffey, 145 B.R. 582, 595 (Bankr.N.D.Ill. 1992); In re Reynolds-Marshall, 145 B.R. 1, 2 (Bankr.D.Maine 1992); In re Green, 138 B.R. 622, 623 (Bankr.D.N.M. 1992) (punitive damages and legal costs nondischargeable under section 523(a)(6)); In re Cole, 136 B.R. 453, 459 (Bankr.N.D.Tex. 1992) (same); In re Dahlstrom, 129 B.R. 240, 246 (Bankr.D.Utah 1991); In re Nix, 92 B.R. at 170; In re Dean, 79 B.R. 659, 663 (Bankr.N.D.Tex. 1987). Thus, the difference between finding an exception under subsection (2) and subsection (6) of Section 523(a) is a crucial one and of great importance to Ferris, whose statutory damages and legal fees are far greater than his award of actual damages.

  2. In re Cole

    255 B.R. 439 (Bankr. N.D. Tex. 2000)

    Facts The facts underlying this court's prior nondischargeability judgment are set forth at In re Cole, 136 B.R. 453 (Bankr. N.D.Tex. 1992). The findings of the court in such opinion are hereby incorporated by reference.

  3. In re Geiger

    172 B.R. 916 (Bankr. E.D. Mo. 1994)   Cited 6 times

    Though courts in the Eighth Circuit have yet to address the dischargeability of a debt arising from medical malpractice, other courts have confronted this issue. Perkins, 817 F.2d 392 (6th Cir. 1987), In re Strybel, 105 B.R. 22 (9th Cir. BAP 1989), In re Cole, 136 B.R. 453 (Bankr.N.D.Tex. 1992). The Bankruptcy Court for the Northern District of Texas recently applied § 523(a)(6) to deny the discharge of a debt representing a medical malpractice judgement against a debtor.

  4. Matter of Gober

    100 F.3d 1195 (5th Cir. 1996)   Cited 457 times   1 Legal Analyses
    Holding that "the status of ancillary obligations such as attorney's fees and interest depends on that of the primary debt"

    When the primary debt is nondischargeable due to willful and malicious conduct, the attorney's fees and interest accompanying compensatory damages, including post-judgment interest, are likewise nondischargeable. Stokes v. Ferris (In re Stokes), 150 B.R. 388, 393 (W.D.Tex. 1992) (holding all debts awarded by a Texas court, including punitive damages, legal fees, and post-judgment interest, to be nondischargeable), aff'd, 995 F.2d 76 (5th Cir. 1993); Klingman v. Levinson, 831 F.2d 1292, 1296-97 (7th Cir. 1987) (holding attorney's fees nondischargeable); Jennen v. Hunter (In re Hunter), 771 F.2d 1126, 1131 (8th Cir. 1985) (holding that attorney's fees and interest attach to primary debt and are nondischargeable); Stanley v. Cole (In re Cole), 136 B.R. 453, 459 (Bankr.N.D.Tex. 1992) (holding exemplary damages, costs and interest nondischargeable); In re Christian, 111 B.R. 118, 122-23 (Bankr.W.D.Tex. 1989) (holding attorney's fees nondischargeable); cf. Jordan v. Southeast Nat'l Bank (In re Jordan), 927 F.2d 221, 226-28 (5th Cir. 1991) (holding that where party has contracted to pay attorneys' fees and interest for collection of nondischargeable debt, fees and interest also will not be discharged in bankruptcy), overruled on other grounds, Coston v. Bank of Malvern (In re Coston), 991 F.2d 257 (5th Cir. 1993). In sum, Gober's assertion that the state court's award of attorney's fees and post-judgment interest should be discharged has no merit.

  5. In re American Chiropractic Clinic-North Dallas

    Civil Action No. 3:02-CV-0956-P (N.D. Tex. Aug. 1, 2002)

    In keeping with the policy of giving the debtor a fresh start, the exceptions to discharge are strictly construed and evidence must be viewed in the light most favorable to the debtor. See In re McClure, 210 B.R. 985, 988 (Bankr. N.D. Tex. 1997); In re Cole, 136 B.R. 453, 456 (N.D. Tex. 1992). One of the exceptions forbids discharge of a debt when the debtor fails to list the creditor and the debt on applicable schedules.

  6. Birriel v. Odeh (In re Odeh)

    431 B.R. 807 (Bankr. N.D. Ill. 2010)   Cited 31 times
    Noting that the Seventh Circuit takes a more expansive view of the circumstances that can give rise to fiduciary duties under section 523

    Several decisions from courts in other circuits hold that physicians are not fiduciaries within the scope of § 523(a)(4) on the grounds that there were no express trusts at issue and relevant state law did not include any statutory provisions imposing duties on physicians to act in a trustee-like capacity. See Lee-Benner v. Gergely (In re Gergely). 110 F.3d 1448, 1451 (9th Cir. 1997); Fox v. Karlin (In re Karlin). 112 B.R. 319, 322 (B.A.P. 9th Cir. 1989), aff'd 940 F.2d 1534 (9th Cir. 1991); Hanft v. Church (In re Hanft). 315 B.R. 617, 623-24 (S.D. Fla. 2002); Caccamo v. Pouliot (In re Pouliot). 196 B.R. 641, 650-51 (Bankr. S.D. Fla. 1996); Stanley v. Cole (In re Cole). 136 B.R. 453, 457 (Bankr. N.D. Tex. 1992). These decisions, however, did not apply the Seventh Circuit's more expansive view of fiduciaries.

  7. In re Martin

    Case No. 96-16739-SSM, Adversary Proceeding No. 97-1089 (Bankr. E.D. Va. Aug. 7, 1997)

    Alverio v. Muhammad (In re Muhammad), 135 B.R. 294 (Bankr. N.D. Ill. 1991) (lawyer's failure to pursue motions to set aside default judgments against client). See Conte v. Gautam (In re Conti), 33 F.3d 303 (3rd Cir. 1994) (remanding for factual finding whether attorney "failure to inform clients of the dismissal of their case had a [s]ubstantial certainty of producing injury"); Perkins v. Scharffe, 817 F.2d 392 (6th Cir. 1987) (doctor's "complete and total disregard of acceptable medical practice" made state court judgment for medical malpractice nondischargeable); Stanley v. Cole (In re Cole), 136 B.R. 453 (Bankr. N.D. Tex. 1992) (doctor misrepresented his qualifications and did not tell patient he had severed another patient's nerve while attempting the same procedure); Swanner v. Lazar (In re Lazar), 196 B.R. 381 (Bankr. E.D. Mich. 1996) (attorney's advice to disobey court order caused client to be arrested and incarcerated). In this case, there is evidence in the record tending to show that Martin, although hired to represent Phoenix, was at all times actually in Cyrus's camp and sought to promote Cyrus's interest over that of Phoenix's. Although there is no direct evidence that he knew Cyrus's use of the power of attorney was unauthorized, his curious refusal, if the deposition testimony of Phoenix's witnesses is to be believed, to explain to Sorour and Kambiz how Cyrus acquired his 50% interest or to let them examine the corporate records gives rise to an inference that he was actively assisting Cyrus in concealing the misuse of the power of attorney.

  8. In re Fields

    203 B.R. 401 (Bankr. M.D. La. 1996)   Cited 13 times

    See, e.g., Chrysler Credit Corp. v. Perry Chrysler Plymouth, 783 F.2d 480 (5th Cir. 1986); Seven Elves, Inc. v. Eskenazi, 704 F.2d 241, 245 (5th Cir. 1983); Petty v. Dardar (In re Dardar), 620 F.2d 39 (5th Cir. 1980); Vickers v. Home Indemnity Co. (In re Vickers), 546 F.2d 1149 (5th Cir. 1977); Ragupathi v. Bairrington (In re Bairrington), 183 B.R. 754 (Bankr.W.D.Tex. 1995); Wickes Lumber Co. v. Magee (In re Magee), 164 B.R. 530 (Bankr.S.D.Miss. 1994); Stanley v. Cole (In re Cole), 136 B.R. 453 (Bankr.N.D.Tex. 1992); F.D.I.C. v. Lefeve (In re Lefeve), 131 B.R. 588 (Bankr.S.D.Miss. 1991); Meridian Production Credit Assoc. v. Hendry (In re Hendry), 77 B.R. 85 (Bankr.S.D.Miss.

  9. In re Giunta

    Case No. 95-10918-AM, Adversary Proceeding No. 95-1171 (Bankr. E.D. Va. Feb. 21, 1996)

    No reported opinion in the Fourth Circuit has specifically addressed the application of § 523(a)(6) to medical malpractice claims, but a number of courts in other circuits have struggled with the issue. See, Kawaauhau v. Geiger (In re Geiger), 172 B.R. 916 (Bankr.E.D.Mo. 1994) (damages resulting from improper treatment of foot infection and "egregious errors of judgment" that ultimately required amputation of leg held nondischargeable under § 523(a)(6)); Stanley v. Cole (In re Cole), 136 B.R. 453 (Bankr.N.D.Tex. 1992) (erroneous removal of nerve from patient's hand found nondischargeable under § 523(a)(6); doctor misrepresented his qualifications and did not tell patient he had severed another patient's nerve while attempting the same procedure and that his hospital privileges had been revoked); Perkins v. Scharffe, 817 F.2d 392 (6th Cir. 1987) (doctor's "complete and total disregard of acceptable medical practice" made state court judgment for medical malpractice nondischargeable under § 523(a)(6)); Romano v. Strybel (In re Strybel), 105 B.R. 22 (9th Cir. BAP 1989) (debt based on promissory note given to settle malpractice claim after clinical psychologist had sexual relations with patient who left her husband to move in with him was dischargeable; court held that conduct "differed significantly" from cases where discharge had been denied). The Geiger court, although finding the particular debt at issue nondischargeable, specifically declined to adopt "the idea that section 523(a)(6), per se bars

  10. In re Capps

    193 B.R. 955 (Bankr. N.D. Ala. 1995)   Cited 17 times

    1993); In re Dauterman, 156 B.R. 976, 980 (Bankr.N.D.Ohio 1993); In re Barrett, 156 B.R. 529, 533 (Bankr.N.D.Tex. 1993); In re Zrubek, 149 B.R. 631, 635 (Bankr.D.Mont. 1993); In re Stokes, 142 B.R. 908, 909 (Bankr.N.D.Cal. 1992); In re Jackson, 141 B.R. 909, 915 (Bankr.N.D.Tex. 1992); In re Russell, 141 B.R. 107, 110 (Bankr.W.D.La. 1992); In re Chavez, 140 B.R. 413, 422 (Bankr.W.D.Tex. 1992); In re Cole, 136 B.R. 453, 456 (Bankr.N.D.Tex. 1992); In re Jardula, 122 B.R. 649, 656 (Bankr.E.D.N.Y. 1990); In re Marino, 115 B.R. 863, 868 (Bankr.D.Md. 1990); In re Rustad, 110 B.R. 928, 930 (Bankr.D.Mont. 1987); In re Piscioneri, 108 B.R. 595, 601 (Bankr.N.D.Ohio 1989); In re Washington, 105 B.R. 947, 950 (Bankr.E.D.Cal. 1989); In re Barber, 105 B.R. 697, 700 (Bankr.M.D.Fla. 1989); In re Wheeler, 101 B.R. 39, 45 (Bankr.N.D.Ind. 1989); In re Thorsen and Co., 98 B.R. 527, 529 (Bankr.D.Col. 1989); In re Crosswhite, 91 B.R. 156, 159 (Bankr.M.D.Fla. 1988); In re Ryan, 90 B.R. 554, 556 (Bankr.S.D.Fla. 1988); In re Kaufman, 85 B.R. 706, 710 (Bankr.S.D.N.Y. 1988); In re Clemens, 83 B.R. 945, 951 (Bankr.N.D.Ohio 1988); In re Twitchell, 72 B.R. 431, 434 (Bankr.D.Utah 1987), rev'd on other grounds, 91 B.R. 961 (D.Utah 1988), rev'd, 892 F.2d 86 (10th Cir. 1989); In re Weedman, 65 B.R. 288, 290 (Bankr.W.D.Ky. 1986); In re Hurbace, 61 B.R. 563, 565 (Bankr.W.D.Tex. 1986); In re Currin, 55 B.R. 928, 932 (Bankr.D.Col. 1985); In re Schultz, 46 B.R. 8