Matter of Kawczynski

How courts have described this case

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

• “the Lien Law makes clear that the trust arises prior to rather than by virtue of any claim” of wrongdoing
• “Under the New York Lien law, funds received by general contractors for the improvement of real property must be held in trust for the benefit of the subcontractors and suppliers”
• the trust relationship is expressly imposed on contractors by “unambiguous” statutory language
• “To qualify as a fiduciary under [the for mer of Section 523(a)(4) ], the trustee must have duties which are independent of any contractual obligations between the parties and which are imposed prior to rather than by virtue of any claim of [wrongdoing]”

Source: CourtListener parenthetical corpus (CC0).