§ 523(a)(4)

Newman, In re--Swait v. Newman

Ruling: 
Debt arising from consent judgment entered by state court regarding debtor's misconduct asexecutrix was nondischargeable. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-034

Morazan-Aviles, In re--Morazan v. Morazan-Aviles

Ruling: 
Judgment was entered for debtor as it was not established that she embezzled settlement funds from her parents. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-032

Brandt, In re

Ruling: 
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

Vincze, In re--Harris v. Vincze

Ruling: 
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-013

Vincze, In re--Harris v. Vincze

Ruling: 
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-013

Harris, In re--United States DOL v. Harris

Ruling: 
Debtor committed defalcation when he chose to use plan assets to pay himself and other corporate expenses instead of remitting those assets to the employees' health insurance plan. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-048

Glazing Health & Welfare Fund v. Lamek

Ruling: 
Employers are not fiduciaries under ERISA as to unpaid contributions to ERISA benefit plans. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-102

Ackerman, In re--Ackerman v. Ackerman

Ruling: 
Debtor's liability to trust was excepted from discharge as appropriations of trust monies topay personal expenses and to fund acquisitions or development of properties for his ownbenefit were defalcations while acting in a fiduciary capacity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 25,2018, LexisNexis #0818-009

Browning, In re--HOEYHJ, Ltd. v. Browning

Ruling: 
Debtor could not have committed larceny as check was lawfully received by her. (Bankr. S.D.Ohio)
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Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0818-070

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