Orem Postal Credit Union v. Twitchell (In Re Twitchell)

How courts have described this case

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

• holding credit union president liable under § 523(a)(4) for breach of fiduciary duty created by state laws regulating financial institutions
• “The term ‘defalcation’ ... does not have a precise definition and no legislative history or comment exists to aid the interpretation.”
• defalcation includes innocent or simple defaults or mere failures to account for funds
• state statute authorized the commissioner of financial institutions to remove any officer of an institution who breached his fiduciary duty, and, therefore, by implication, the officers of financial institutions must be considered to occupy a fiduciary relationship
• defalcation includes innocent or simple defaults or mere failures to account for funds
• finding non-dischargeability without discrete analysis of unpaid withholding taxes

Source: CourtListener parenthetical corpus (CC0).