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· 10/2/1996

In Re Byron C. Lewis Irene Lewis, Debtors. Byron C. Lewis Irene Lewis v. Mitchell R. Scott

Citations

  • 97 F.3d 1182
  • 96 Daily Journal DAR 12071
  • 1996 U.S. App. LEXIS 25751
  • 29 Bankr. Ct. Dec. (CRR) 1058
  • 1996 WL 557389

How courts have described this case

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

  • holding that an express trust [i.e., a partnership] must exist before any defalcation
  • holding that Arizona case law imposes express trust on partners
  • holding that Arizona case law imposes express trust on partners
  • commingling partner’s 11 investment with other funds and failure to provide partner with 12 complete accounting
  • “Defalcation is defined as the ‘misappropriation of trust funds or money held in any fiduciary capacity; [the] failure to properly account for such funds.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sneed, Noonan, Thompson

Read full opinion on CourtListener

Sourced 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.