Legal Opinion
Rutanen v. Baylis
Court of Appeals for the First Circuit
Decided December 10, 2002No. 02-1364, 02-1415PublishedCited by 96 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This case addresses the rules that should be applied in determining when a fiduciary of a trust is in “defalcation while acting in a fiduciary capacity,” and so may not be discharged from those debts in bankruptcy under 11 U.S.C. § 523(a)(4) (2000). The issue is one of first impression for this court.
I
We describe the facts as they are set forth in the decision of the Massachusetts Supreme Judicial Court (SJC), as supplemented by the state probate court findings, in the underlying state litigation which gives rise to the judgment debt against Carl Baylis, the bankrupt…
2Cases cited31 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Montana v. United StatesSupreme Court of the United States · 1979
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
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3Cited by96 opinions
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
- Denton v. HymanCourt of Appeals for the Second Circuit · 2007
- In Re PatelCourt of Appeals for the Sixth Circuit · 2009
- Fahey v. Massachusetts Department of RevenueCourt of Appeals for the First Circuit · 2015
- Garran v. SMS Financial V, LLC (In Re Garran)Court of Appeals for the First Circuit · 2003
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