Gayden

Gayden v. Nourbakhsh (In re Nourbakhsh)

Good Law
67 F.3d 798·95 Daily Journal DAR 12971·1995 U.S. App. LEXIS 27565·95 Cal. Daily Op. Serv. 7575
United States Court of Appeals for the Ninth CircuitSeptember 28, 1995No. 94-55192California1,183 words

Opinion

Lead Opinion

This is an appeal from a decision of the Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirming the bankruptcy court’s grant of summary judgment to Plaintiffs-Appellees John and Miriam Gayden (the “Gaydens”) on their claim of nondischarge-ability. See 11 U.S.C. § 523 (a)(2)(A). We have jurisdiction under 28 U.S.C. § 158 (d) and affirm.

FACTS

Debtor-Appellant Emil Nourbakhsh (“Nourbakhsh”) and his affiliated corpora *800 tion, The Gold Exchange, solicited the Gay-dens to invest in precious metals. Between 1986 and 1987, the Gaydens placed five orders with Nourbakhsh. Although they paid Nourbakhsh $54,188.71, they received nothing.

In May 1988, the Gaydens filed suit in Florida state court alleging fraud and several other claims against Nourbakhsh. Nour-bakhsh, who claims to have been in dire financial straits, did not defend the action. The Florida state court entered a default judgment against Nourbakhsh in December 1988. The judgment included a specific finding of fraud.

Over eighteen months later, in July 1990, Nourbakhsh filed a Chapter 7 petition in the United States Bankruptcy Court for the Southern District of California. The Gay-dens filed an adversary…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.