Nawroz v. Wells Fargo Advisors, LLC

Filing 11

MEMORANDUM OPINION re Argument on Bankruptcy Appeal. Signed by District Judge Gerald Bruce Lee on 8/14/12. (klau, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

MARYAM NAWROZ

Appellant,

Civil No. l:12-cv-216(GBL)
v.

WELLS FARGO ADVISORS, LLC

Appellee.

MEMORANDUM OPINION

This matter is before the Court on pro se Appellant Maryam Nawroz's appeal from the

decision ofthe United States Bankruptcy Court ofthe Eastern District ofVirginia that Appellee
WeUs Fargo Advisors, LLC's ("Wells Fargo") claim is non-dischargeable pursuant to 11 U.S.C.

§523(a)(2)(4). This case arises from Ms. Nawroz's use of funds mistakenly deposited into her

individual retirement account ("IRA") by Wachovia Securities, LLC ("Wachovia").
After aCalifornia state court entered adefault judgment against Ms. Nawroz for the

amount of$36,962.71 in acivil action brought by Wachovia, Ms. Nawroz obtained adischarge
ofthe debt in aChapter 7bankruptcy proceeding. Wells Fargo Advisors, LLC ("Wells Fargo"),
as the successor to Wachovia, initiated an adversary proceeding in the Bankruptcy Court to have
the debt declared non-dischargeable. After aone-day, non-jury trial on the merits ofWells
Fargo's complaint, United States Bankruptcy Judge Brian F. Kenney held that Ms. Nawroz's
debt to WeUs Fargo was non-dischargeable pursuant to 11 U.S.C. §523(a)(6) and entered

judgment in favor ofWells Fargo. See Wells Fargo Advisors, LLC v. Nawroz (In re Nawroz),