Legal Opinion
Georgia Lottery Corp. v. Daniel (In Re Daniel)
United States Bankruptcy Court, N.D. Georgia
Decided September 22, 1998No. 19-51643PublishedCited by 10 opinions
1Opinion of the Court
ORDER
MARGARET H. MURPHY, Bankruptcy Judge.
Before the court is Plaintiffs motion for summary judgment. Plaintiff seeks a determination that its claim against Debtor is nondischargeable pursuant to 11 U.S.C. § 523(a)(4). Plaintiff asserts that its claim arose as a result of Debtor’s defalcation while acting in a fiduciary capacity. Plaintiff contends Debtor’s fiduciary duties arose under O.C.G.A. § 50-27-21(a), which creates a technical trust. Defendant opposes the motion for summary judgment on the grounds that the Georgia statute is insufficient to create the type of technical trust which…
2Cases cited10 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In the Matter of Simon Angelle, D/B/A Angelle's Lumber Co., Bankrupts. Simon Angelle v. Dr. Kenneth P. ReedCourt of Appeals for the Fifth Circuit · 1980
- In the Matter of Ron C. Cross, Bankrupt. Murphy & Robinson Investment Company v. Ron C. CrossCourt of Appeals for the Fifth Circuit · 1982
- Quaif v. JohnsonCourt of Appeals for the Eleventh Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Bennet v. Wright (In Re Wright)United States Bankruptcy Court, M.D. Georgia · 2002
- New York Ex Rel. Spitzer v. Suarez (In Re John Suarez)United States Bankruptcy Court, E.D. New York · 2007
- Bryan Scott Owens, Ga. Lottery Corp. v. OwensUnited States Bankruptcy Court, N.D. Georgia · 2019
- Tennessee Education Lottery Corp. v. Cooper (In Re Cooper)United States Bankruptcy Court, E.D. Tennessee · 2010
5 more not listed; retrieve them via the Exa API.