Legal Opinion
Illinois, Department of the Lottery v. Marchiando (In Re Marchiando)
District Court, N.D. Illinois
Decided June 22, 1992No. 92 C 20105, Bankruptcy No. 91 B 34022, Adv. No. 91 A 3069PublishedCited by 13 opinions
1Opinion of the Court
ORDER
REINHARD, District Judge.
INTRODUCTION
The State of Illinois, Department of Lottery (Department), appellant, seeks review of the bankruptcy judge’s order granting summary judgment in favor of Nancy S. Marchiando, appellee, 138 B.R. 548. The order declared that appellee’s debt to the Department, which arose from the defalcation of lottery proceeds, was dischargeable. The bankruptcy judge held that appellee was not a fiduciary under 11 U.S.C. § 523(a)(4) because no express trust was created by the terms of the Illinois Lottery Law, Ill.Rev.Stat.1989, ch. 120, 111151 et seq.
CONTENTIONS
The…
2Cases cited21 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Brown v. FelsenSupreme Court of the United States · 1979
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- 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
- Eychaner v. GrossIllinois Supreme Court · 2002
- Green v. Pawlinski (In Re Pawlinski)United States Bankruptcy Court, N.D. Illinois · 1994
- Illinois Ex Rel. Ryan v. Volpert (In Re Volpert)United States Bankruptcy Court, N.D. Illinois · 1994
- Schaffer v. Dempster (In Re Dempster)United States Bankruptcy Court, N.D. Illinois · 1995
8 more not listed; retrieve them via the Exa API.