Legal Opinion

State v. Kaczynski (In Re Kaczynski)

United States Bankruptcy Court, D. New Jersey

Decided November 22, 1995No. 11-37272PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OPINION

STEPHEN A. STRIPP, Bankruptcy Judge.

This is the court’s decision on a complaint under section 523(a)(4) of title 11, United States Code (hereinafter the “Bankruptcy Code” or “Code”). The defendant debtors were lottery sales agents who failed to turn over proceeds of lottery tickets which they sold, and failed to account for other tickets which they received from the New Jersey Lottery Commission. The complaint asserts that such failure constitutes defalcation by the debtors in a fiduciary capacity, rendering their debt to the Commission nondischargeable under Code section…

2Cases cited20 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  3. In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
  4. Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
  5. Carey Lumber Company, a Corporation v. Thomas Hugh BellCourt of Appeals for the Fifth Circuit · 1980

15 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In Re StorieBankruptcy Appellate Panel of the Tenth Circuit · 1997
  2. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
  3. Stowe v. Bologna (In Re Bologna)United States Bankruptcy Court, D. Massachusetts · 1997
  4. Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
  5. Sullivan v. Clayton (In Re Clayton)United States Bankruptcy Court, E.D. Pennsylvania · 1996

20 more not listed; retrieve them via the Exa API.

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