Legal Opinion

In Re: Edward W. Hayes, Debtor. The Andy Warhol Foundation for Visual Arts, Inc. v. Edward W. Hayes

Court of Appeals for the Second Circuit

Decided July 30, 1999No. 1998PublishedCited by 89 opinions

1Opinion of the Court

WINTER, Chief Judge:

The Andy Warhol Foundation for the Visual Arts, Inc. appeals from Judge Stein’s affirmance of an order of the bankruptcy court dismissing the Foundation’s nondischargeability complaint against Edward W. Hayes and concurrently denying its motion for summary judgment. The Foundation contended that Hayes’s debt to it was governed by Bankruptcy Code (“Code”) Section 523(a)(4), 11 U.S.C. § 523(a)(4), which provides, inter alia, that a debt arising from a “defalcation while acting in a fiduciary capacity” is nondis-chargeable. The bankruptcy court found that Hayes was not…

2Cases cited37 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  4. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  5. Kailash C. Pani, M.D., and Kailash C. Pani, M.D., P.C. v. Empire Blue Cross Blue ShieldCourt of Appeals for the Second Circuit · 1998

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3Cited by89 opinions

  1. Denton v. HymanCourt of Appeals for the Second Circuit · 2007
  2. In Re: Kevin Renshaw, Debtor. Cazenovia College v. Kevin Renshaw, in Re: David W. Regner, Debtor. The College of Saint Rose v. David W. RegnerCourt of Appeals for the Second Circuit · 2000
  3. Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
  4. Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
  5. Gentry v. Kovler (In Re Kovler)United States Bankruptcy Court, S.D. New York · 2000

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