In Re Chin-Liang Chan

Atlantic Recording Corp. v. Chin-Liang Chan (In Re Chin-Liang Chan)

Good Law
2005 WL 1133858·2005 Bankr. LEXIS 1258·325 B.R. 432
United States Bankruptcy Court, Northern District of CaliforniaApril 27, 200515-42742California8,281 words

Opinion

Opinion

Tchaikovsky, J.

MEMORANDUM OF DECISION

Plaintiffs Atlantic Recording Corporation et al. (“Plaintiffs”) have a judgment against Defendant Chin-Liang Chan (the “Debtor”) for willful infringement of their copyrights (the “Judgment”). In this adversary proceeding, they seek to except the judgment debt (the “Judgment Debt”) from the Debtor’s chapter 7 discharge pursuant to 11 U.S.C. § 523 (a)(6). Plaintiffs filed a motion for summary judgment on this claim. For the reasons stated below, the motion will be granted.

BACKGROUND

At all times relevant to the Plaintiffs’ claim, the Debtor was the Chief Executive Officer of Media Group, Inc. (“Media Group”), a California corporation formerly headquartered in Fremont, California. Media Group was engaged in the business of compact disc (“CD”) replication and services related to such replication. Plaintiffs are the owners of copyrights to various sound recordings.

On or about June 7, 2000, Plaintiffs filed an action against Media Group, Chan, and others in federal district court, alleging that the defendants had willfully infringed Plaintiffs’ copyrights in 1,514 sound recordings (the “Copyright Infringement Action”). On August 14, 2001, the district court…

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