Legal Opinion
Swor v. Bartley Texas Builders Hardware Inc.
Court of Appeals for the Fifth Circuit
Decided October 2, 2009No. 09-20061UnpublishedCited by 4 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge: *
Bartley Texas Builders Hardware, Inc. (“Bartley”) objected to the discharge of a debt in Donald and Myra Swor’s (“the Swors”) Chapter 7 bankruptcy case because the Swors impermissibly diverted their business’s trust funds to themselves. The bankruptcy court ruled that the debt was dischargeable, finding that the Swors were allowed to repay loans they made to the business. The district court reversed, concluding that this repayment was not a valid use of trust funds.
We agree with the district court that the diversion of trust funds in this manner would render the…
2Cases cited5 opinions
- Richmond Leasing Co. v. Capital Bank, N.A.Court of Appeals for the Fifth Circuit · 1985
- In the Matter of Christopher Wallace Boyle, Debtor. Christopher Wallace Boyle v. Abilene Lumber, Inc.Court of Appeals for the Fifth Circuit · 1987
- In the Matter of Wilson J. NICHOLAS, Jr., Debtor. COBURN COMPANY OF BEAUMONT, Appellant, v. Wilson J. NICHOLAS, Jr., AppelleeCourt of Appeals for the Fifth Circuit · 1992
- Moody v. Pitts, Texas Court of Appeals, 13th District1986
- Airtron, Inc. v. Faulkner (In Re Faulkner)United States Bankruptcy Court, W.D. Texas · 1997
3Cited by4 opinions
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- Husky International Electronics, Inc. v. RitzDistrict Court, S.D. Texas · 2014
- Adam Monaco v. TAG Investments, LimitedCourt of Appeals for the Fifth Circuit · 2016
- United States v. William Jonas, IIICourt of Appeals for the Fifth Circuit · 2020