· 12/17/2004
Gupta v. Eastern Idaho Tumor Institute, Inc.
Citations
- 394 F.3d 347
- 2004 U.S. App. LEXIS 26280
- 2004 WL 2913963
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[A] trust must exist ‘prior to the wrong and without reference to it’ in order to constitute a ‘technical trust’ within [§ 523(a)(4)].” (quoting Angelle, 610 F.2d at 1340)
- “This court has, on the other hand, not hesitated to conclude that debts arising from misappropriation by persons serving in a traditional, pre-existing fiduciary capacity, as under- stood by state law principles, are non-dischargeable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Jones, Dennis
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.