Legal Opinion
Blyler v. Hemmeter (In re Hemmeter)
Court of Appeals for the Ninth Circuit
Decided March 26, 2001No. 99-55777PublishedCited by 46 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This appeal presents the question of whether ERISA plan fiduciaries are also fiduciaries within the meaning of 11 U.S.C. § 523(a)(4). We conclude that they are, but that the specific allegations of breach of ERISA fiduciary duties do not constitute defalcations within the meaning of 11 U.S.C. § 523(a)(4).
I
Morrison Knudsen Corporation (“MK”) was a large, publicly-held, engineering and construction company headquartered in Boise, Idaho. After an economic downturn, it filed a voluntary Chapter 11 bankruptcy petition in 1996 and was ultimately acquired by Washington…
2Cases cited13 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1989
- 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
- Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- In Re Gregory Dewitt Cantrell, DebtorCourt of Appeals for the Ninth Circuit · 2003
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- Board of Trustees of the Ohio Carpenters' Pension Fund Ex Rel. Ohio Carpenters' Pension Fund v. Bucci (In Re Bucci)Court of Appeals for the Sixth Circuit · 2007
- Fahey v. FaheyBankruptcy Appellate Panel of the First Circuit · 2012
- Sherman v. Securities & Exchange Commission (In Re Sherman)Court of Appeals for the Ninth Circuit · 2011
41 more not listed; retrieve them via the Exa API.