CACI, Inc. - Federal v. Bao-Tran Ngo

USCA4 Appeal: 22-1535 Doc: 14 Filed: 12/22/2022 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1535
In re: BAO-TRAN X. NGO,
Debtor.
-------------------------------
CACI, INC. - FEDERAL,
Plaintiff - Appellee,
v.
BAO-TRAN XUAN NGO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:21-cv-01025-CMH-TCB)
Submitted: December 20, 2022 Decided: December 22, 2022
Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Steven B. Ramsdell, TYLER, BARTL & RAMSDELL, P.L.C., Alexandria,
Virginia, for Appellant. Stephen E. Leach, HIRSCHLER FLEISCHER, PC, Tysons,
USCA4 Appeal: 22-1535 Doc: 14 Filed: 12/22/2022 Pg: 2 of 3
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2
USCA4 Appeal: 22-1535 Doc: 14 Filed: 12/22/2022 Pg: 3 of 3
PER CURIAM:
Bao-Tran Xuan Ngo appeals the district court’s order affirming the bankruptcy
court’s determination that attorney’s fees, costs, and expenses awarded to CACI, Inc. -
Federal in arbitration were nondischargeable in Ngo’s bankruptcy. She contends that the
bankruptcy court erred by giving collateral estoppel effect to the arbitrator’s findings that
she acted in a “fiduciary capacity” and that she inflicted a “willful and malicious injury.”
“In reviewing the judgment of a district court sitting in review of a bankruptcy court,
we apply the same standard of review that was applied by the district court.” Copley v.
United States, 959 F.3d 118, 121 (4th Cir. 2020). Thus, “we review the bankruptcy court’s
legal conclusions de novo, its factual findings for clear error, and any discretionary
decisions for abuse of discretion.” Id. With these standards in mind, we have reviewed
the record submitted on appeal and the arguments of the parties and find no reversible error.
Accordingly, we affirm the district court’s order upholding the bankruptcy court’s
determination that the arbitrator’s award of attorney’s fees, costs, and expenses is a
nondischargeable debt in Ngo’s bankruptcy case. See CACI, Inc.- Fed. v. Ngo, No. 1:21-
cv-01025-CMH-TCB (E.D. Va. Feb. 14, 2022). We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before this court
and argument would not aid the decisional process.
AFFIRMED
3