Legal Opinion
Fahey v. Fahey
Bankruptcy Appellate Panel of the First Circuit
Decided November 20, 2012No. BAP No. MB 12-028; Bankruptcy No. 11-10505-WCH; Adversary No. 11-01118-WCHPublishedCited by 42 opinions
1Opinion of the Court
LAMOUTTE, Bankruptcy Judge.
Charles Raso (“Raso”) appeals from a bankruptcy court order granting summary judgment in favor of the debtor, James M. Fahey, Jr. (“Fahey”), on Count II of Raso’s § 523(a)(4)1 complaint seeking a determination that certain unpaid contributions to multiple employee benefit plans were nondischargeable. The bankruptcy court found that Raso failed to establish that Fahey acted in a fiduciary capacity, as required under § 523(a)(4). Because we conclude that Fahey acted in a fiduciary capacity as an ERISA2 fiduciary, as well as a fiduciary of a technical trust under…
2Cases cited53 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994
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3Cited by42 opinions
- Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Reiss v. McQuillin (In re McQuillin)United States Bankruptcy Court, D. Massachusetts · 2014
- Breed's Hill Insurance Agency, Inc. v. Fravel (In re Fravel)United States Bankruptcy Court, D. Massachusetts · 2013
- Stallworth v. McBride (In re McBride)United States Bankruptcy Court, D. Massachusetts · 2014
- Zacharakis v. Melo (In re Melo)United States Bankruptcy Court, D. Massachusetts · 2016
37 more not listed; retrieve them via the Exa API.