· 9/2/2005
Chao v. Duncan (In Re Duncan)
Citations
- 331 B.R. 70
- 36 Employee Benefits Cas. (BNA) 1489
- 2005 Bankr. LEXIS 1856
- 2005 WL 2416019
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting, by way of example, that bankruptcy courts look to non-bankruptcy law to determine property rights in the assets of a debtor’s estate
- finding creditor’s assertion of pre-petition claims against the debtor before the bankruptcy court was not violative of the automatic stay
- finding creditor’s assertion of pre-petition claims against the debtor before the bankruptcy court was not violative of the automatic stay
- “Section 523(a)(4) applies only to express or technical trusts, not to constructive trusts, implied trusts, or trusts implied on the basis of wrongful conduct”
- “ ‘[F]iduciary status ... may result from the exercise of any authority or control respecting management or disposition of [plan] assets.’ ”
- “fiduciary status ... may result from the exercise of any authority or control respecting management or disposition of [plan] assets”
Source: CourtListener parenthetical corpus (CC0).
Judges: Elizabeth S. Stong
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.