Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Braden Trust v. Chavez (In re Chavez)

Ruling: 
Employee's misappropriation did not give rise to nondischargeable claim for breach of fiduciary duty.
Procedural posture: 
Plaintiff creditors commenced this non-dischargeability action against defendant debtors, alleging a single cause of action, that of breach of fiduciary duty--specifically a defalcation or misappropriation of property--which was actionable under a bankruptcy statute, 11 U.S.C.S. § 523(a)(4). Before the court was debtors' motion for summary judgment as well as the creditors' motion for summary judgment.
Issue: 
ABI Membership is required to access the full summary of Braden Trust v. Chavez (In re Chavez). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 23,2010, LexisNexis #0510-056