Legal Opinion

In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the Lottery

Court of Appeals for the Seventh Circuit

Decided January 10, 1994No. 92-4056PublishedCited by 244 opinions

1Opinion of the Court

POSNER, Chief Judge.

Nancy Marchiando owned a convenience store in Sycamore, Illinois. In 1983 the state licensed her under the Illinois Lottery Law, 20 ILCS 1605 et seq., to sell lottery tickets. The law provides that the proceeds of sales of lottery tickets “shall constitute a trust fund until paid to the Department,” § 1605/10.3, forbids the commingling of these proceeds with other funds, and makes the violation of its provisions a felony. In 1991 Marchiando declared bankruptcy, owing the state almost $17,000 for proceeds of ticket sales that she had failed to remit to it. She admitted both…

2Cases cited23 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Kungys v. United StatesSupreme Court of the United States · 1988
  3. Icicle Seafoods, Inc. v. WorthingtonSupreme Court of the United States · 1986
  4. In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
  5. Fed. Sec. L. Rep. P 98,755, Fed. Sec. L. Rep. P 99,074 William B. Weinberger v. James C. Kendrick, Charles M. CoyneCourt of Appeals for the Second Circuit · 1983

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3Cited by244 opinions

  1. Meyer v. RigdonCourt of Appeals for the Seventh Circuit · 1994
  2. Mary J. Carr v. Allison Gas Turbine Division, General Motors CorporationCourt of Appeals for the Seventh Circuit · 1994
  3. Gale PRIZEVOITS, Plaintiff-Appellant, v. INDIANA BELL TELEPHONE COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
  4. In Re: Kevin Renshaw, Debtor. Cazenovia College v. Kevin Renshaw, in Re: David W. Regner, Debtor. The College of Saint Rose v. David W. RegnerCourt of Appeals for the Second Circuit · 2000
  5. In Re Michael Frain, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 2000

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