In Re Storie

How courts have described this case

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

• construing burden of proof under 11 U.S.C. § 523(a)(4) in similar context against an Oklahoma contractor
• announcing a standard 3 requiring that includes “intentional, wilful, reckless or negligent” breaches of fiduciary duty
• collecting cases, including State v. Kaczynski (In re Kaczynski), 188 B.R. 770, 777 (Bankr. D.N.J.1995), using the same definition
• finding that the burden shifts to the debtor-fiduciary to provide an accounting to demonstrate compliance with fiduciary duties once creditor meets its burden that the debtor is acting in a fiduciary capacity and that its debt arose because the debtor-fiduciary has not paid the entrusted funds
• defalcation is a fiduciary’s failure to account for funds entrusted to him due to any breach of a fiduciary duty, whether intentional, willful, reckless, or negligent
• defalcation is a fiduciary’s failure to account for funds entrusted to him due to any breach of a fiduciary duty, whether intentional, willful, reckless, or negligent

Source: CourtListener parenthetical corpus (CC0).