In Re Theodore M. Garver, Debtor. R.E. America, Inc. v. Theodore M. Garver

How courts have described this case

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

• concluding that common law breach of fiduciary duty, without more, insufficient to preclude discharge of debt under § 523(a)(4)
• noting that the federal courts \often differ\ on this issue and adopting a narrow construction
• “[T]he debtor must hold funds in trust for a third party to satisfy the fiduciary relationship element of the defalcation provision of § 523(a)(4).”
• “Absent an express or technical trust, an attorney’s legal malpractice, like all other types of professional malpractice, remains dischargeable under the Code.”
• attorney who agreed to share fees was not fiduciary to another attorney
• stating the element of “fiduciary capacity” in § 523(a)(4

Source: CourtListener parenthetical corpus (CC0).