Papadakis
Papadakis v. Zelis (In re Zelis)
Opinion
Lead Opinion
Hug, J.
Appellant, Bruce Zelis, appeals the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s determination that two sanctions orders against Zelis were nondischargeable debts under 11 U.S.C. § 523 (a)(6). For the reasons explained below, we affirm in part and reverse in part.
STANDARD OF REVIEW
We review de novo the bankruptcy court’s grant of summary judgment. In re Bullion Reserve of North America, 922 F.2d 544, 546 (9th Cir.1991).
FACTS
In 1974, the Papadakises invested in a partnership with appellant, Zelis, and another partner, Day. In 1979, the Papadakises sued Zelis for wrongful conduct while acting as general partner. In 1986, Zelis and the Papadakises entered into a settlement agreement whereby Zelis stipulated to entry of judgment against him if he breached the agreement. Zelis apparently breached the agreement and the Papadakises sued and obtained a judgment in the stipulated amount. Zelis appealed.
The Papadakises filed a motion to dismiss on December 20,1990. Zelis responded with a 20-page opposition brief. The California Court of Appeal issued an Order to Show Cause why, given his stipulation to the terms of the judgment against him,…