Perry v. Ichida (In Re Ichida)

How courts have described this case

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

• holding there was no fiduciary capacity of a managing member who failed to comply with duties at common law or under operating agreement in the absence of an express trust
• denying summary judgment on Section 523(a)(6) claim based on presence of state of mind issues involving the debtor’s intent
• proving a technical or express trust requires: (1) an intent to create a trust, (2) a trustee, (3) a trust res and (4) a definite beneficiary
• no fiduciary capacity of managing member who failed to comply with duties at common law or under operating agreement in the absence of an express trust

Source: CourtListener parenthetical corpus (CC0).