· 3/11/2008
In Re Strack
Citations
- 524 F.3d 493
- 2008 WL 681809
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a segregation of funds provision supports a finding of trust intent
- noting that “the parties’ use of the word ‘trust’ is to be given great weight”
- finding that the trust at issue was in fact an express trust based on the intent of the parties included the language in the agreement
- noting that Congress has provided “several limited exceptions to this presumption of dis-chargeability, which we must construe narrowly to protect the [Bankruptcy Act’s] purpose of providing debtors a fresh start’ ” (alteration in original
- noting that under Virginia law, “[a]ll that is necessary is the unequivocal intent that the legal estate [be] vested in one person, to be held in some manner or for some purpose on behalf of another”
- finding “[t]he same ‘confluence’ of factors present” as in Airlines Reportingand concluding that the debt owed by the debtor’s corporation was not dischargeable in the debtor’s personal bankruptcy under Section 523(a)(4)
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer, Motz, and Duncan, Circuit Judges
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.