In an action by a creditor to prevent the bankruptcy court's discharge of a state court judgment against the debtor, summary judgment for the creditor is affirmed where: 1) the debtor's conduct constituted larceny within the federal meaning of the term, and accordingly under 11 U.S.C. section 523(a)(4), his debt could not be discharged; 2) the debtor knew that the creditor's injury was substantially certain to occur as a result of his conduct; and 3) the district court's withdrawal of the creditor's motion for attorney's fees and subsequent decision on attorney's fees were not improper.
Argued and Submitted June 11, 2009
Filed January 8, 2010
Opinion by Judge Roth
Helga A. White, Auburn, CA
James A. Tiemstra, Esquire, Law Offices of James A. Tiemstra, CA