Legal Opinion

Missouri Department of Conservation v. Schnitz (In Re Schnitz)

District Court, W.D. Missouri

Decided June 25, 1985No. 84-1145-CV-W-5PublishedCited by 13 opinions

1Opinion of the Court

ORDER

SCOTT 0. WRIGHT, District Judge.

The issue in this bankruptcy appeal is whether an agreement between the debt- or/appellant and creditor/appellant Missouri Department of Conservation by which the debtor was authorized to issue hunting and fishing permits created an express trust. Following a hearing, the Bankruptcy Court held that a trust had been created, and that the debtor’s defalcation while acting in a fiduciary duty rendered a debt of $2,685.14 nondischargeable pursuant to 11 U.S.C. § 523(a)(4) of the Bankruptcy Code. For the following reasons, this Court reverses and concludes that…

2Cases cited21 opinions

  1. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  2. 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
  3. In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
  4. Air Traffic Conference of America v. Paley (In Re Paley)United States Bankruptcy Court, E.D. New York · 1981
  5. General Electric Credit Corp. v. Graham (In Re Graham)United States Bankruptcy Court, D. Nevada · 1980

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3Cited by13 opinions

  1. Schwalbe v. Gans (In Re Gans)United States Bankruptcy Court, S.D. New York · 1987
  2. Sandak v. Dobrayel (In Re Dobrayel)United States Bankruptcy Court, S.D. New York · 2002
  3. Montgomery Ward & Co. v. Blackburn (In Re Blackburn)United States Bankruptcy Court, N.D. Indiana · 1987
  4. Cooper v. Cooper (In Re Cooper)United States Bankruptcy Court, C.D. Illinois · 1988
  5. Butler v. Weedman (In Re Weedman)United States Bankruptcy Court, W.D. Kentucky · 1986

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