Legal Opinion
Volunteer State Oil Co. v. Adkisson (In Re Adkisson)
United States Bankruptcy Court, E.D. Tennessee
Decided January 25, 1983No. Bankruptcy No. 3-82-00825, Adv. No. 3-82-0690PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
CLIVE W. BARE, Bankruptcy Judge.
Plaintiff Volunteer State Oil Company alleges the nondischargeability of a debt arising from fraud or defalcation while the debtor was acting in a fiduciary capacity. 11 U.S.C.A. § 523(a)(4) (1979). 1 Trial was held November 26, 1982. 2
I
Volunteer State Oil Company (Volunteer) and the debtor entered into a Commission Marketing Contract (Contract) on April 30, 1977. At that time the debtor was operating a convenient and fast food store with self-service gasoline pumps. The purpose of the Contract (Ex. 2) was to provide for the sale of gasoline and motor…
2Cases cited12 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- In the Matter of Simon Angelle, D/B/A Angelle's Lumber Co., Bankrupts. Simon Angelle v. Dr. Kenneth P. ReedCourt of Appeals for the Fifth Circuit · 1980
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- Upshur v. BriscoeSupreme Court of the United States · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Congress Financial Corp. v. Levitan (In Re Levitan)United States Bankruptcy Court, E.D. New York · 1985
- Energy Marketing Corp. v. Sutton (In Re Sutton)United States Bankruptcy Court, M.D. Tennessee · 1984
- Missouri Department of Conservation v. Schnitz (In Re Schnitz)District Court, W.D. Missouri · 1985
- In Re ShankUnited States Bankruptcy Court, D. Maryland · 1999
2 more not listed; retrieve them via the Exa API.