Filed: Mar. 25, 2004
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50040 Summary Calendar THOMAS VARKONYI d/b/a METAL RECYCLING COMPANY and UNIQUE PRODUCTS INTERNATIONAL, Appellant, versus ANDREW B. KRAFSUR, Chapter 7 Trustee, Appellee. Appeal from the United States District Court for the Western District of Texas (CA-EP-92-190) May 15, 1996 Before HIGGINBOTHAM, DUHE’, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Andrew Krafsur filed this suit as Chapter 7 trustee against Thomas Varkonyi, d
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50040 Summary Calendar THOMAS VARKONYI d/b/a METAL RECYCLING COMPANY and UNIQUE PRODUCTS INTERNATIONAL, Appellant, versus ANDREW B. KRAFSUR, Chapter 7 Trustee, Appellee. Appeal from the United States District Court for the Western District of Texas (CA-EP-92-190) May 15, 1996 Before HIGGINBOTHAM, DUHE’, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Andrew Krafsur filed this suit as Chapter 7 trustee against Thomas Varkonyi, d/..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50040
Summary Calendar
THOMAS VARKONYI d/b/a
METAL RECYCLING COMPANY and
UNIQUE PRODUCTS INTERNATIONAL,
Appellant,
versus
ANDREW B. KRAFSUR, Chapter 7 Trustee,
Appellee.
Appeal from the United States District Court
for the Western District of Texas
(CA-EP-92-190)
May 15, 1996
Before HIGGINBOTHAM, DUHE’, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Andrew Krafsur filed this suit as Chapter 7 trustee against
Thomas Varkonyi, d/b/a Metal Recycling Company and Unique Products
International, the Chapter 7 debtor, seeking a denial of Varkonyi's
discharge pursuant to 11 U.S.C. § 727(a), which allows for denial
of a debtor's discharge if the debtor has committed fraud on the
*
Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
bankruptcy court. Krafsur alleged that Varkonyi committed such
fraud three months after filing for bankruptcy when he attempted to
collect theft insurance proceeds by falsely reporting his Lincoln
Mark VII as stolen.1 The bankruptcy court entered its final order
denying Varkonyi's discharge in May 1992, and the district court
affirmed in December 1994. Varkonyi now appeals.
Varkonyi raises various arguments in urging that the district
court erred by not reversing the decision of the bankruptcy court.
He contends that the bankruptcy court adjudicated issues barred by
collateral estoppel and res judicata, and that it conducted its
proceedings unfairly. He also argues that the bankruptcy court
erred in overruling his objection to a conflict of interest that
allegedly arose because Krafsur's law firm routinely represents
Allstate Insurance Company, which had provided the theft insurance
for Varkonyi's Lincoln Mark VII. We have reviewed the record and
the memoranda of the lower courts and find no reversible error.
AFFIRMED.
1
The Texas Department of Public Safety arrested Varkonyi when
he accepted payment for the stolen car because it had information
that Varkonyi himself had disassembled it. Varkonyi was eventually
acquitted of criminal insurance fraud.
2