Legal Opinion
Eckel v. Borbidge (In Re Borbidge)
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 30, 1988No. 19-10543PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRUCE I. FOX, Bankruptcy Judge:
This proceeding has been brought by the state court appointed guardian for Sally Borbidge, the husband/debtor’s mother, seeking to have a debt declared nondis-chargeable pursuant to 11 U.S.C. § 523(a)(4) for fraud or defalcation in a fiduciary capacity.
I
Following the close of plaintiffs case, the defendants moved for involuntary dismissal pursuant to Fed.R.Civ.P. 41(b) (as made applicable by Bankr.Rule 7041) arguing that the plaintiff had failed to present sufficient evidence of an express trust and that the absence of such proof was fatal to…
2Cases cited33 opinions
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
- Carey Lumber Company, a Corporation v. Thomas Hugh BellCourt of Appeals for the Fifth Circuit · 1980
- Brook Village North Associates v. General Electric Company, Re-Entry and Environmental Systems DivisionCourt of Appeals for the First Circuit · 1982
- Virginia M. Gutting v. Falstaff Brewing Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1983
28 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kaplan v. First Options of Chicago, Inc.District Court, E.D. Pennsylvania · 1995
- Schaps v. Just Enough Corp. (In Re Pinto Trucking Service, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Morgan v. Musgrove (In Re Musgrove)United States Bankruptcy Court, N.D. Georgia · 1995
- Rolley v. Spector (In Re Spector)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Fox v. Shervin (In Re Shervin)United States Bankruptcy Court, E.D. Pennsylvania · 1990
12 more not listed; retrieve them via the Exa API.