IN RE SHERMAN

No. 09-55880.

658 F.3d 1009 (2011)

In the Matter of Andrea P. SHERMAN; Richard G. Sherman, Debtors. Richard G. Sherman, Appellant, v. Securities and Exchange Commission, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2011.


Attorney(s) appearing for the Case

M. Jonathan Hayes , Law Offices of M. Jonathan Hayes, Northridge, CA, for the appellant.

Hope Hall Augustini , Senior Litigation Counsel, Securities and Exchange Commission, for the appellee.

Opinion by Judge BYBEE; Dissent by Judge FISHER.


OPINION

BYBEE, Circuit Judge:

Ordinarily, an individual's debts may be discharged in Chapter 7 bankruptcy under 11 U.S.C. § 727. However, a debt may not be discharged if it results from a violation of state or federal securities laws. 11 U.S.C. § 523(a)(19)(A)(i). The question in this case is whether the exception to discharge in § 523(a)(19)1 applies when the debtor himself is not culpable for the securities violation...

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