In the Matter of John Jay STOKES, Jr., Debtor. Anthony P. FERRIS, Trustee, Appellee, v. John Jay STOKES, Jr., Appellant

Fifth Circuit

In the Matter of John Jay STOKES, Jr., Debtor. Anthony P. FERRIS, Trustee, Appellee, v. John Jay STOKES, Jr., Appellant

995 F.2d 76, 1993 U.S. App. LEXIS 17404, 1993 WL 226320

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 14, 1993

Docket92-8710

StatusPublished

Cited by19 cases

This text of 995 F.2d 76 (In the Matter of John Jay STOKES, Jr., Debtor. Anthony P. FERRIS, Trustee, Appellee, v. John Jay STOKES, Jr., Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of John Jay STOKES, Jr., Debtor. Anthony P. FERRIS, Trustee, Appellee, v. John Jay STOKES, Jr., Appellant, 995 F.2d 76, 1993 U.S. App. LEXIS 17404, 1993 WL 226320 (5th Cir. 1993).

Pincite

Opinion

PER CURIAM:

In this bankruptcy case involving the dis-chargeability of a claim pursuant to 11 U.S.C. § 523, the primary question is whether a finding of actual fraud and of the applicabili *77 ty 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.

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PER CURIAM:

In this bankruptcy case involving the dis-chargeability of a claim pursuant to 11 U.S.C. § 523, the primary question is whether a finding of actual fraud and of the applicabili *77 ty 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.

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995 F.2d 76, 1993 U.S. App. LEXIS 17404, 1993 WL 226320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-john-jay-stokes-jr-debtor-anthony-p-ferris-trustee-ca5-1993.

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