Legal Opinion
U.S. Dep't of Labor v. Harris (In Re Harris)
Court of Appeals for the Eighth Circuit
Decided August 3, 2018No. 17-1261PublishedCited by 9 opinions
1Opinion of the Court
SMITH, Chief Judge.
The United States Department of Labor (DOL) obtained a pre-bankruptcy judgment against debtor Michael Harris in federal district court. The judgment provided that, under the Employee Retirement Income Security Act of 1974 (ERISA), Harris breached his fiduciary duty when the company he managed as the chief executive officer (CEO) failed to remit funds withheld from its employees' paychecks for their health insurance plan. The DOL filed an adversary proceeding in Harris's Chapter 7 bankruptcy to have that judgment debt declared nondischargeable as a debt for defalcation while…
2Cases cited21 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
- Blocker v. PatchCourt of Appeals for the Eighth Circuit · 2008
- Navarre v. Luna (In Re Luna)Court of Appeals for the Tenth Circuit · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Headley v. Omaha Construction Industry Pension PlanDistrict Court, D. Nebraska · 2021
- I.U.P.A.T. DISTRICT COUNCIL57 COMBINED FUNDS v. BarlowUnited States Bankruptcy Court, W.D. Pennsylvania · 2021
- I.U.P.A.T. District Council No. 57 Combined Funds v. HawrankoUnited States Bankruptcy Court, W.D. Pennsylvania · 2021
- I.U.P.A.T. District Council No. 57 Combined Funds v. RoetterUnited States Bankruptcy Court, W.D. Pennsylvania · 2021
4 more not listed; retrieve them via the Exa API.