Yaikian

Yaikian v. Yaikian (In re Yaikian)

Good Law
2014 WL 1318851·2014 Bankr. LEXIS 1476·508 B.R. 175·59 Bankr. Ct. Dec. (CRR) 83
United States Bankruptcy Court, Southern District of CaliforniaMarch 31, 2014Bankruptcy No. 12-12625-MM7; Adversary No. 12-90431-MMCalifornia5,135 words

Opinion

Lead Opinion

Mann, J.

MEMORANDUM DECISION

This case involves a father, Karapet Yai-kian (“Karapet”), 1 who sued his son, Michael Yaikian (“Michael”), for fraud; first in state court resulting in a stipulated judgment, and then in this Court when Michael filed bankruptcy. Karapet’s conduct observed and recounted at trial did not reflect high personal standards, and included arson, bribery of prison officials, evading collection of a restitution judgment, intentionally misleading immigration authorities, and submitting a false declaration in this case. Karapet also contradicted himself on the witness stand, suffered from significant memory lapses, was evasive as a witness, and even appeared to sleep during some of the proceedings. The clearly biased testimony of Karapet’s state court counsel did not assuage these credibility problems. Certain of Michael’s actions, such as maintaining inadequate records and not reading the documents he signed, may not have been according to Hoyle, but on balance, Michael’s testimony was largely credible.

While the Court thus can easily conclude Karapet failed to carry his burden of prov *179 ing his nondischargeability claims, Grogan v. Garner, 498 U.S. 279, 283 , 111…

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