Skip to main content
· 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 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.