In Re Michael Frain, Debtor-Appellee

How courts have described this case

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

• holding that structure of partnership agreement giving Frain “ultimate power over both his own employment and the direction of the corporation” placed him in position of “ascendancy” over other shareholders
• “natural advantage” derived from control of day-to-day business decisions of the corporation “not sufficient in itself to establish a position of ascendancy”
• “A difference in knowledge or power can create a fiduciary relationship.”

Source: CourtListener parenthetical corpus (CC0).