FILED
NOT FOR PUBLICATION MAR 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
THOMAS E. PEREZ, Secretary, United No. 13-55301
States Department of Labor,
D.C. No. 2:12-cv-00618-SJO-
Plaintiff - Appellee, AGR
v.
MEMORANDUM*
TOMCO AUTO PRODUCTS, INC., a
corporation; et al.,
Defendants,
And
RICHARD ALAN SCHOENFELD, an
individual,
Defendant - Appellant.
In the Matter of: RICHARD ALAN No. 13-55308
SCHOENFELD,
D.C. No. 2:12-cv-02220-SJO
Debtor,
THOMAS E. PEREZ, Secretary of Labor,
United States Department of Labor,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Plaintiff - Appellee,
v.
RICHARD ALAN SCHOENFELD,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Argued and Submitted February 11, 2015
Pasadena, California
Before: CALLAHAN, WATFORD, and OWENS, Circuit Judges.
Richard Schoenfeld appeals the district court’s holding on summary
judgment that his debts were nondischargeable because his actions constituted
defalcation under 11 U.S.C. § 523(a)(4). We have jurisdiction under 28 U.S.C.
§ 1291, and review summary judgment orders de novo. Szajer v. City of Los
Angeles, 632 F.3d 607, 610 (9th Cir. 2011).
Although the district court applied the correct law at the time, during the
pendency of this appeal, the United States Supreme Court decided Bullock v.
BankChampaign, N.A., 133 S. Ct. 1754 (2013). Bullock clarified the requisite
intent for defalcation under § 523(a)(4) and effectively abrogated Ninth Circuit
law, which formerly did not require a particular state of mind. Because the district
2 13-55301
court did not have an opportunity to assess defalcation under Bullock, we vacate
the judgment and remand to the district court for reconsideration in the first
instance. At this time, we need not reach any of the other issues Schoenfeld raised
on appeal. The parties shall bear their own costs on appeal.
VACATED and REMANDED.
3 13-55301