Legal Opinion
Employers Workers' Compensation Ass'n v. Kelley (In Re Kelley)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 23, 1997No. BAP No. NO-97-037, Bankruptcy No. 95-1209, Adversary No. 95-00321PublishedCited by 15 opinions
1Opinion of the Court
OPINION
PUSATERI, Bankruptcy Judge.
This is an appeal from a judgment, entered after a bench trial, that determined a debt to be dischargeable under 11 U.S.C.A. § 523(a)(4) or (6). The creditor contends the debt arose from embezzlement or from defalcation while acting in a fiduciary capacity, covered by (a)(4), or from conversion, covered by (a)(6).
I. Background
The Employers Workers’ Compensation Association (“TEWCA”) is a group formed under Okla. Stat. Ann. tit. 85, § 149.1 (West 1992), through which employers could pool together liabilities in order to qualify as a group self-insurer under…
2Cases cited16 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- 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
- Quaif v. JohnsonCourt of Appeals for the Eleventh Circuit · 1993
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Duncan v. Neal (In Re Neal)United States Bankruptcy Court, W.D. Oklahoma · 2005
- Trustees of the Colorado Ironworkers Pension Fund v. Gunter (In Re Gunter)District Court, D. Colorado · 2003
- Herman v. Bateman (In Re Bateman)United States Bankruptcy Court, D. Maryland · 2000
- Horejs v. Steele (In Re Steele)United States Bankruptcy Court, D. Colorado · 2003
10 more not listed; retrieve them via the Exa API.