Simas

Simas v. Powell

Good Law
United States District Court, Northern District of CaliforniaNovember 10, 20214:21-cv-00126California5,403 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN MANUEL SIMAS, CASE NO. 21-cv-126-YGR Defendant/Appellant,

OPINION GRANTING IN PART AND DENYING

vs. IN PART BANKRUPTCY APPEAL

CRAIG POWELL AND KELLY POWELL, Re: Dkt. No. 13 Plaintiffs/Appellees.

This action arises out of a bankruptcy order granting appellees’ Craig Powell and Kelly Powell (“the Powells”) adversary proceeding regarding the status of a claim against Mr. Powell’s cousin, appellant John Manuel Simas. The bankruptcy court found that appellees established by a preponderance of the evidence that their claim against appellant should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(6) (“Section 523(a)(6)”). Mr. Simas filed this appeal, arguing that the bankruptcy court erred in several aspects. Having carefully considered the parties’ briefing and the excerpt of the record filed in this case, and for the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART appellant’s bankruptcy appeal and…

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