Legal Opinion
ASCI Readi-Mix & Asphalt Specialties, Co. v. Gamboa (In Re Gamboa)
United States Bankruptcy Court, D. Colorado
Decided December 16, 2008No. 15-15590PublishedCited by 5 opinions
1Opinion of the Court
ORDER
ELIZABETH E. BROWN, Bankruptcy Judge.
THIS MATTER, comes before the Court on the Plaintiffs’ Complaint, objecting to the dischargeability of their debts under 11 U.S.C. § 523(a)(4) due to an alleged violation of Colorado’s construction trust fund statute, Colo.Rev.Stat. § 38-22-127. Following trial, the Court hereby FINDS and CONCLUDES:
I. Background
From 2000 to 2008, XC Construction, LLC (“XC”) was engaged in the business of providing concrete foundations, casons, and footings in residential construction projects. The Debtor and his brother owned the business. The Debtor, as XC’s…
2Cases cited18 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- 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
- Itin v. UngarSupreme Court of Colorado · 2000
- In Re StorieBankruptcy Appellate Panel of the Tenth Circuit · 1997
- Alexander Co. v. PackardColorado Court of Appeals · 1988
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3Cited by5 opinions
- MacArthur Co. v. Cupit (In re Cupit)United States Bankruptcy Court, D. Colorado · 2014
- R & R Ready Mix, Inc. v. Freier (In Re Freier)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2009
- AC Excavating, Inc. v. YaleColorado Court of Appeals · 2010
- Fuller v. ClasbyUnited States Bankruptcy Court, D. Colorado · 2024
- R&R Ready Mix, Inc. v. Todd Dewaine FreierUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2009