Hoop v. Hoop
Hoop v. Hoop
Opinion of the Court
MEMORANDUM
Darwin Kurt Hoop appeals pro se from the district court’s order affirming the bankruptcy court’s order declaring the judgment entered against Hoop by a Pennsylvania court to be nondischargeable. We have jurisdiction under 28 U.S.C. §§ 1291 and 158(d). We review de novo the district court’s decision, Ditto v. McCurdy, 510 F.3d 1070, 1075 (9th Cir. 2007), and we affirm.
The district court properly concluded that the bankruptcy court did not err when it determined that the Pennsylvania court’s judgment against Hoop is nondischargeable. See 11 U.S.C. § 523(a)(4) (setting forth nondischargeability of debt for “fraud or defalcation while acting in a fiduciary capacity”); see also Lewis v. Scott (In re Lewis), 97 F.3d 1182, 1185-87 (9th Cir. 1996) (defining “fiduciary” and “defalcation” for purposes of section 523(a)(4)).
The district court also properly concluded that Hoop is collaterally es-topped from attacking the Pennsylvania court’s judgment because the issues determined in state court were the same as the issues arising under 11 U.S.C. § 523(a)(4),
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.