Banks

Banks v. Gill Distribution Centers, Inc.

Good Law
263 F.3d 862·2001 WL 914238
United States Court of Appeals for the Ninth CircuitAugust 15, 2001No. 00-55339California3,886 words

Opinion

Lead Opinion

Hagen, J.

I. Introduction

Thomas M. Banks (“Banks”) appeals from a judgment of the United States *865 Bankruptcy Court for the Central District of California which was affirmed by the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”). Banks, a lawyer, asks us to reverse the decision of the BAP on the grounds that (1) all claims asserted against him by Gill Distribution Centers, Inc. (“Gill”), and Ronald Richardson (“Richardson”) are barred by the statute of limitations, and (2), even were those claims not time barred, they are dischargeable. We are asked to decide whether the. bankruptcy court erred in the following: (1) by concluding the statute of limitations had not expired as to Gill’s and Richardson’s claims; (2) by holding that Banks’s debt to Richardson was non-dischargeable under 11 U.S.C. § 523 (a)(4); (3) by holding Banks’s debt to Gill was non-dischargeable under 11 U.S.C. § 523 (a)(6); and (4) by awarding prejudgment interest at the California state rate of 10 percent instead of the lower federal rate of 5.413 percent.

II. Factual Background

This case stems from Banks’s misappropriation of the proceeds of litigation involving Gill, Pirelli Tire Corporation (“Pirelli”),…

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