IRVING TRUST CO., TRUSTEE IN BANKRUPTCY,

v.

BOWDITCH ET AL.

Citator

Cited By (32 total)

• Vance L. Ragsdale v. John Frederick Haller aka Fred Haller, 780 F.2d 794 (9th Cir. 1986)
  …s] acting in a fiduciary capacity, embezzlement or larceny,” are non- [*796] dischargeable. 11 U.S.C.A. § 523(a)(4) (1979).1 The meaning of “fiduciary” in § 523(a)(4) is an issue of federal law. See Davis v. Aetna Acceptance Co., 293 U.S. 328, 333, 55 S.Ct. 151, 153-54, 79 L.Ed. 393 (1934); Pedrazzini, 644 F. 2d at 758. The broad, general definition of fiduciary — a relationship involving confidence, trust and good faith — is inapplicable in the discharge-ability context. See Angelle v. Reed (In re Angelle…
• In re Cross v. Cross, 666 F.2d 873 (5th Cir. 1982)
  …y capacity as required by § 17(a)(4) because he was not subject to a “technical trust . .. [which] must exist prior to the act creating the debt and without reference to that act.” Id. at 1338. See Davis v. Aetna Acceptance Co., 293 U.S. 328, 333, 55 S.Ct. 151, 153, 79 L.Ed. 393 (1934); Chapman v. Forsyth, 2 U.S. (How.) 202, 207, 11 L.Ed. 236 (1844). As Angelle owed no express, preexisting fiduciary duty to his creditors asserting claims under § 17(aX4), that section was no barrier to his discharge in b…
• In re Angelle v. Reed, 610 F.2d 1335 (5th Cir. 1980)
  …Chapman must exist prior to the act creating the debt and without reference to that act. See Upshur v. Briscoe, 138 U.S. 365, 378, 11 S.Ct. 313, 317, 34 L.Ed. 931, 936 (1890). As the Court stated in Davis v. Aetna Acceptance Co., 293 U.S. 328, 333, 55 S.Ct. 151, 154, 79 L.Ed.2d 393, 397-98 (1934) (emphasis added): It is not enough that by the very act of wrongdoing out of which the contested debt arose, the bankrupt has become chargeable as a trustee ex maleficio. He must have been a trustee before the wr…