Legal Opinion
MacArthur Co. v. Cupit (In re Cupit)
United States Bankruptcy Court, D. Colorado
Decided July 18, 2014No. Bankruptcy Case No. 13-11914 EEB; Adversary Proceeding No. 13-1185 EEBPublishedCited by 27 opinions
1Opinion of the Court
Chapter 7
ORDER
Elizabeth E. Brown, Bankruptcy Judge
THIS MATTER comes before the Court on the Plaintiffs Complaint, alleging a nondischargeability claim under 11 U.S.C. § 523(a)(4). This statute renders a claim nondischargeable if it involves either defalcation while acting in a fiduciary capacity, larceny, or embezzlement. At issue is whether a roofing contractor’s misapplication of funds under the Colorado Mechanic’s Lien Trust Fund Statute (the “Construction Trust Fund Statute”) amounts to either defalcation, as that term has been recently defined by the Supreme Court in Bullock v.…
2Cases cited33 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Grogan v. GarnerSupreme Court of the United States · 1991
- Morissette v. United StatesSupreme Court of the United States · 1952
- Field v. MansSupreme Court of the United States · 1995
- Cohen v. De La CruzSupreme Court of the United States · 1998
28 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Chitester v. Watterson (In re Watterson)United States Bankruptcy Court, E.D. New York · 2015
- Caitlin Energy, Inc. v. Rachel (In re Rachel)United States Bankruptcy Court, N.D. Georgia · 2015
- Aiello v. Aiello (In re Aiello)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- DRCK, LLC v. Chong (In re Chong)United States Bankruptcy Court, D. Colorado · 2014
- Cincinnati Insurance v. Chidester (In re Chidester)United States Bankruptcy Court, W.D. Virginia · 2015
22 more not listed; retrieve them via the Exa API.