Peavey Electronics Corp. v. Sinchak (In Re Sinchak)

How courts have described this case

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

• stating the element of “fiduciary capacity” in § 523(a)(4) refers only to “fraud or defalcations” and need not be present where embezzlement is the exception relied upon
• stating the element of “fiduciary capacity” in § 523(a)(4) refers only to “fraud or defalcations” and need not be present where embezzlement is the exception relied upon
• stating the element of fiduciary capacity in § 523(a)(4) refers only to fraud or defalcations and need not be present where embezzlement is the exception relied upon
• request for attorney fees denied where creditor failed to demonstrate entitlement to attorney fees under state law or the Bankruptcy Code
• basic elements of embezzlement are present in both common law and statutory definitions

Source: CourtListener parenthetical corpus (CC0).