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· 9/27/1988

Joseph v. Stone (In Re Stone)

Citations

  • 91 B.R. 589
  • 1988 U.S. Dist. LEXIS 11364
  • 1988 WL 105983

How courts have described this case

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

  • no cause of action found in debtor’s purported claim that investment would “double or triple in value” in the future
  • falsity of statement not established when, at least for a while, investment increased in value as debtor claimed it would
  • upon showing debtor was a trustee pursuant to statute, defalcation must have occurred while debtor acted as trustee and not while acting in ordinary commercial setting
  • fiduciary relationship does not encompass ordinary commercial relationships such as principal/agent or creditor/debtor
  • “[A] promise or representation of intention to act is insufficient [to make debt non-dischargeable].”
  • fiduciary relationship does not encompass ordinary commercial relationships such as principal/agent or creditor/debtor

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldon J. Anderson

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.