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· 10/23/1998

PaineWebber Inc. v. Magisano (In Re Magisano)

Citations

  • 228 B.R. 187
  • 1998 WL 909976

How courts have described this case

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

  • rejecting contribution creditor’s attempt to bootstrap the nature of debtor’s fraudulent actions against third-party to creditor’s non-fraud based claims absent assignment or subrogation
  • “The existence of an express trust requires a clearly defined trust res, an unambiguous trust relationship, and specific, affirmative duties undertaken by a trustee.”
  • “The definition of a fiduciary under § 523(a)(4) is narrower than the traditional definition, and requires the existence of technical or express trusts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calhoun

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.