Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci (In Re Bucci)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that an express trust requires: \(1) an intent to create a trust; (2) a trustee; (3) a trust res; and (4) a definite beneficiary\
• noting that the Sixth Circuit has “refused to extend [the defalcation provision] to constructive or implied trusts imposed by operation of law as a matter of equity”
• finding that the contractual obligation to pay the employer contributions to an ERISA plan did not create an express or technical trust or evidence a trust relationship with duties existing prior to the act creating the debt
• “being an ERISA fiduciary is not itself sufficient to satisfy 17 the fiduciary capacity element” because § 523(a)(4) “requires more than an employer’s contractual duty to contribute to benefit funds”
• “being an ERISA fiduciary is not itself sufficient to satisfy the fiduciary capacity” and courts should “examine the substance of the alleged fiduciary relationship to determine if the requirements for a defalcation are satisfied.”
• “Constructive trusts or resulting trusts . . . do not satisfy the ‘fiduciary capacity’ requirement.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).