- 11 U.S.C.
Service Steel Warehouse Co. LP v. Kannard (In re Kannard)
Feb
22
2008
Ruling
Debts to suppliers were dischargeable where debtor contractor was not a fiduciary and did not willfully breach a duty to creditors.
Procedural posture
Plaintiff supplier of materials for a construction project, and intervenor supplier of labor, prosecuted an adversary proceeding against defendant bankruptcy debtor, the sole owner of the contractor for the project, seeking a determination that amounts owing to the suppliers were not dischargeable debts under 11 U.S.C.S. § 523(a)(4) based on fiduciary fraud.
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Court
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