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Bankruptcy
Embezzlement
Willful and Malicious Injury

Billboard Video Inc. v. John Edwards

Published: Jul. 9, 2016 | Result Date: May 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 15-2138-C Bench Decision –  $197,431

Court

U.S. Bankruptcy


Attorneys

Plaintiff

Marc C. Forsythe


Defendant

Peter G. Macaluso


Facts

Plaintiff Billboard Video Inc. dba Multimedia LED, filed suit against defendant John C. Edwards, a former employee of Billboard Video.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that while an employee of plaintiff, defendant stole plaintiff's inventory, set up a competing business without informing plaintiff, solicited plaintiff's existing clients for defendant's new company, and then performed and was paid for services performed for some of plaintiff's clients.

Settlement Discussions

After both parties rested and after being excused by the court to deliberate, defendant offered $20,000 payable over five years with interest. Plaintiff did not make a counter offer.

Result

The court found in favor of the plaintiff and awarded a monetary judgment of $197,431 against defendant, of which $75,555 is excepted from discharge pursuant to 11 U.S.C. Section 523(a)(4)(embezzlement) and $121,876 is excepted from discharge pursuant to 11 U.S.C. Section 523(a)(6)(willful and malicious injury).

Other Information

FILING DATE: June 25, 2015.


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