- 11 U.S.C.
Board of Trustees of the Ohio CarpentersPension Fund v. Bucci
Aug
14
2006
Ruling
ERISA employer contribution debt was dischargeable in absence of trustee status that could give rise to defalcation.
Procedural posture
Plaintiff, a multiemployer ERISA plan that was maintained pursuant to a collective bargaining agreement and governed by various trust agreements, sought review of a decision of the bankruptcy court, which found that defendant debtor's ERISA employer contribution debt was dischargeable under 11 U.S.C. § 523(a)(4). The debtor was the alter ego of his business, which had entered into chapter 7 bankruptcy.
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- 11 U.S.C.
Collins Bros. Corp. v. Perrine (In re Perrine)
Aug
08
2006
Ruling
Failure of debtor to protect assets in trust created under Perishable Agricultural Commodities Act rendered debt nondischargeable.
Procedural posture
Plaintiff, a perishable agricultural commodity wholesaler, filed a motion for summary judgment on its claim that a debt owed to it by debtor, the owner and officer of a different wholesale dealer, was nondischargeable pursuant to 11 U.S.C. § 523(a)(4). The debt had been reduced to judgment entered in plaintiff's favor in a federal court in a earlier suit under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. §§ 499(a), et seq.
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:
- 11 U.S.C.
Spicer v. Spicer (In re Spicer)
Jun
26
2006
Ruling
Debtor's liquidation of retirement account of which former spouse was entitled to one-half was fiduciary defalcation resulting in nondischargeable debt.
Procedural posture
Plaintiff, the former spouse of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse from the debtor's liquidation of a retirement account was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
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:
- 11 U.S.C.
Guerra v. Fernandez-Rocha (In re Fernandez-Rocha)
Jun
12
2006
Ruling
Court affirmed dismissal of complaint of defalcation while acting in a fiduciary capacity since under state law no fiduciary duty was owed.
Procedural posture
Appellants, parents, challenged the District Court for the Southern District of Florida's order affirming the bankruptcy court's dismissal of their adversary complaint against appellee debtor based on his failure to comply with Florida's Financial Responsibility Act, Fla. Stat. § 458.320. On appeal, the parents challenged the bankruptcy court and district court's determination that the debt in issue was dischargeable in bankruptcy.
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- 11 U.S.C.
Lefelstein v. Donlevy (In re Donlevy)
May
25
2006
Ruling
Amount of mechanic's lien placed on creditor's property due to debtor's defalcation while acting in a fiduciary capacity was deemed nondischargeable.
Procedural posture
Plaintiffs, creditors, filed a complaint against defendant debtor to have a debt held nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6). The creditors had contracted with the debtor for remodeling services. They alleged that they gave the debtor a deposit to purchase materials, but that the debtor never paid the supplier for such materials. The supplier subsequently placed a mechanic's lien on the creditors'property.
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:
- 11 U.S.C.
Highgrove LC v. Holcombe (In re Holcombe)
May
18
2006
Ruling
Motion objecting to discharge rather than adversary proceeding gave notice to debtor and was sufficient to meet filing deadline.
Procedural posture
Plaintiff creditor filed an objection to the dischargeability of its debt pursuant to 11 U.S.C. § 523(a)(4) as a motion rather than as a complaint commencing an adversary proceeding. Defendant debtor sought to avoid defending the objection on its merits by having the motion dismissed as the wrong procedural method and having the complaint dismissed or stricken as untimely. The creditor filed motions to consolidate.
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:
- 11 U.S.C.
Green v. Sirmons (In re Sirmons)
Apr
27
2006
Ruling
Court denied debtor's former wife's request to deny dischargeability for the trade-in value the debtor received on a truck since the court found no trust or fiduciary relationship or fraud.
Procedural posture
Plaintiff former wife filed a complaint seeking a determination that defendant debtor's obligation to pay her the trade-in value of a truck was nondischargeable under 11 U.S.C. § 523(a)(4).
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:
- 11 U.S.C.
County of Simpson v. Palma (In re Palma)
Apr
14
2006
Ruling
Former county sheriff's debt to county for failing to account for certain county funds was deemed nondischargeable due to fiduciary defalcation.
Procedural posture
Plaintiff county brought an adversary proceeding against defendant bankruptcy debtor, a former county sheriff, seeking a declaration that a debt to the county for the sheriff's failure to account for county funds was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
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:
- 11 U.S.C.
Bohlen v. Tsikouris (In re Tsikouris)
Mar
30
2006
Ruling
Unpaid employer ERISA contributions debt was deemed dischargeable since no fiduciary relationship was shown.
Procedural posture
Plaintiffs, employee benefit funds subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., brought an adversary proceeding against defendant debtor, an employer, asserting that his debt for unpaid employer ERISA contributions was excepted from discharge pursuant to 11 U.S.C. § 523(a)(4). The benefit funds argued that a fiduciary relationship existed with respect to the unpaid contributions.
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:
- 11 U.S.C.
Moore v. Hermes (In re Hermes)
Mar
29
2006
Ruling
Debtors'rent obligation was deemed dischargeable since the landlord had no evidence of fraud, defalcation, larceny, or embezzlement.
Procedural posture
Plaintiff landlord filed an adversary proceeding against defendant debtors to have a rent obligation that the debtors owed to the landlord declared as a nondischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The debtor farmed land that was owned by the landlord and had written a dishonored check for the rent payment.
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