Zohlman v. Zoldan

How courts have described this case

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

• requiring that “the Debtor stood in a fiduciary relationship to the Creditor”
• defining defalcation as “willful neglect”&emdash;something akin to recklessness or gross negligence.
• “Discharge provisions must be strictly construed against the creditor and liberally construed in favor of the debtor.”
• “Given the ever-expanding definition of what constitutes a ‘fiduciary,’ to couple this expansion with an equally expansive view of defalcation would defeat the fresh start objective of the bankruptcy law.”
• Under § 523(a)(4), “[cjonstructive or im plied trusts, or any trust where the existence of the trust is created merely on the basis of wrongful conduct (a trust ex male-ficio) do not create a fiduciary relationship.”
• New York common law creates fiduciary relationship among partners under Section 523(a)(4)

Source: CourtListener parenthetical corpus (CC0).