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Kern, In re--Bd. of Trs. of the Sheet Metal Workers Int'l Ass'n v. Kern

Kern, In re--Bd. of Trs. of the Sheet Metal Workers Int'l Ass'n v. Kern

Ruling
Debtor committed defalcation while acting in a fiduciary capacity when he shifted thecompany's financial obligation on to the employees and when he caused the company to notremit deductions to the benefit funds of the employees. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 09, 2017 , LexisNexis #0517-069