Legal Opinion
Donohoe v. Hurbace (In Re Hurbace)
United States Bankruptcy Court, W.D. Texas
Decided June 9, 1986No. 19-50335PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM OPINION
R. GLEN AYERS, Bankruptcy Judge.
SUMMARY
This Chapter 7 adversary proceeding is based upon a Complaint to Determine Dis-chargeability of Debt under 11 U.S.C. § 523(a)(4) filed by a judgment creditor from a partnership dissolution and accounting suit against two former partners. The Bankruptcy Court held that despite Texas law reference to partners being “trustees” over the assets of a partnership no express or technical trust was created by the statute and no fiduciary relationship between partners existed within the meaning of the Bankruptcy Code provision.
FACTS
In 1983, John…
2Cases cited15 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- 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
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Bennett v. BennettCourt of Appeals for the Fifth Circuit · 1993
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Sandak v. Dobrayel (In Re Dobrayel)United States Bankruptcy Court, S.D. New York · 2002
- 17 Collier bankr.cas.2d 143, Bankr. L. Rep. P 71,828 in Re Robert E. Short and Dolores J. Short. David E. Lewis and Susan Lewis, Husband and Wife v. Robert E. Short and Dolores J. Short, Husband and WifeCourt of Appeals for the Ninth Circuit · 1987
25 more not listed; retrieve them via the Exa API.