Bohlen v. Tsikouris (In re Tsikouris)

Pre 2005-Act: 
Pre 2005-Act
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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