Case Type:
Case Status:
BAP No. NV-21-1057-TLG (9th Circuit, Oct 06,2021) Not Published
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) granting summary judgment to creditor in nondischargeability suit against debtor. Bankruptcy court properly applied issue preclusion from state court judgment for fraud and conversion. Damages for attorney fees and doubled damages based on exploiting the elderly and converting or gaining control of their assets were also nondischargeable under § 523(a)(2)(A) and (a)(6).
Procedural context:
Bankruptcy court (D. Nev.) granted plaintiff-creditor's motion for summary judgment against debtor in nondischargeability action. Debtor appealed to BAP for 9th Cir.
Creditor (Mr. Indelicato) filed complaint in the Nevada state court commencing civil action against Mr. Cimino, his wholly owned limited liability company, Castle Rock Holdings, LLC ("Castle Rock"), and others. Mr. Indelicato raised claims against Mr. Cimino for fraud, civil conspiracy, unjust enrichment, breach of confidential or fiduciary duty, and conversion. Mr. Indelicato alleged that Mr. Cimino fraudulently induced him to transfer real property assets into an alleged joint venture and also fraudulently converted $80,000 based on lies and without any intent to use the assets for the benefit of Mr. Indelicato. Castle Rock filed bankruptcy. After Mr. Indelicato obtained relief from stay, Mr. Cimino filed bankruptcy. Mr. Indelicato obtained relief from stay and prosecuted his claims through trial. The jury found Mr. Cimino liable for $80,000 plus interest based on Mr. Indelicato's fraud and conversion claims, and awarded punitive damages of $210,000 on the fraud claim. Finally, it determined that the conversion constituted elder abuse. With attorney's fees, the Judgment totaled $666,463.41 plus interest.
Taylor, Lafferty, Gan

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