Glogower

MEMORANDUM *

The Commissioner of the Kentucky Department of Insurance, Sharon P. Clark, *811 serves as Liquidator (“Liquidator”) of National Business Association Trust (“NBAT”) and National Business Association (“NBA”). The Liquidator appeals the district court’s determination that Andrew Glogower (“Glogower”) is entitled to a discharge in his Chapter 7 bankruptcy proceeding for payments made to him by NBA. These challenged payments consist of a $362,282.70 bonus payment (“Bonus Payment”) and a series of payments totaling $395,000 in partial satisfaction of a promissory note executed between Glo-gower and NBA (“Loan Payments”). We agree with the bankruptcy court and hold that the Bonus Payment and Loan Payments are non-dischargeable in bankruptcy under 11 U.S.C. § 523 (a)(4). We therefore reverse the district court.

“[W]e independently review the bankruptcy court’s decision, without giving deference to the district court.” In re Rosson, 545 F.3d 764, 770 (9th Cir.2008). “Whether a claim is nondischargeable presents mixed issues of law and fact and is [ ] reviewed de novo.” In re Barboza, 545 F.3d 702 , 706 (9th Cir.2008).

As a threshold matter, we must decide whether the Bonus…