In the Matter of Samuel A. Moreno, Debtor. Samuel A. Moreno v. Michael Ashworth

How courts have described this case

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

• holding that debts of corporate officer to a corporation were potentially non-dischargeable under section 523(a)(4)
• holding that in stricter context of federal dischargeability exception, corporate officer stands in requisite fiduciary capacity with corporation and its shareholder
• affirming judgment insofar as it declared certain debts non-dischargeable under § 523(a)(4) but reversing to the extent the debtor was denied discharge under § 727(a)(2)(A)
• stating four factors considered in determining the debtor’s lack of fraudulent intent
• finding defalcation where a fiduciary violated his “responsibility not to lend [his principal’s] money to himself or corporations controlled by him on less than an arms-length basis” and noting that a “defalcation is a willful neglect of duty”
• officer of a corporation owed common law fiduciary duty to corporation and stockholders sufficient to satisfy requirements of section 523(a)(4)

Source: CourtListener parenthetical corpus (CC0).