Legal Opinion
U.S. Department of Labor v. Harris (In re Harris)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided January 6, 2017No. 16-6024PublishedCited by 2 opinions
1Opinion of the CourtFederman, Chief Judge
Debtor Michael Harris appeals from the Bankruptcy Court’s1 Order granting summary judgment in favor of the United States Department of Labor and declaring the Debtor’s debt to it nondischargeable pursuant to 11 U.S.C. § 523(a)(4). For the reasons that follow, we AFFIRM.
INTRODUCTION
The Department of Labor obtained a pre-bankruptcy judgment against the Debtor in the United States District Court, which found that, under ERISA, the Debtor breached his fiduciary duty when the company of which he was CEO failed to' remit funds withheld from its employees’ paychecks for their health insurance plan.…
2Cases cited29 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Oliver v. ScottCourt of Appeals for the Fifth Circuit · 2002
- In Re Jesse H. Long, Debtor. Barclays American/business Credit, Inc. v. Jesse H. LongCourt of Appeals for the Eighth Circuit · 1985
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
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3Cited by2 opinions
- U.S. Dep't of Labor v. Harris (In Re Harris)Court of Appeals for the Eighth Circuit · 2018
- Jewell v. LewisUnited States Bankruptcy Court, W.D. Arkansas · 2022