Legal Opinion
Sameer Patel v. Shamrock Floorcovering Service
Court of Appeals for the Sixth Circuit
Decided May 12, 2009No. 08-1265PublishedCited by 18 opinions
1Opinion of the Court
OPINION
BOYCE F. MARTIN, JR., Circuit Judge.
Bankruptcy is designed to give debtors a “fresh start.” Ordinarily, whatever assets a debtor has are allocated among his creditors and, even though they rarely cover all liabilities, he emerges with no outstanding debts. But there are exceptions: some debts are not dischargeable, and among these are debts arising from a “defalcation while acting in a fiduciary capacity.” 11 U.S.C. § 523(a)(4). This appeal presents the question whether the defendant, Sameer Patel — corporate officer, 50% shareholder, and day-to-day administrator of a “contractor”…
2Cases cited16 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Au Bon Pain Corporation v. Artect, Inc., Douglas Kahn and Max GordonCourt of Appeals for the Second Circuit · 1981
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
- Central Hanover Bank & Trust Co. v. HerbstCourt of Appeals for the Second Circuit · 1937
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re PatelCourt of Appeals for the Sixth Circuit · 2009
- MacArthur Co. v. Cupit (In re Cupit)United States Bankruptcy Court, D. Colorado · 2014
- Baker v. Wentland (In Re Wentland)United States Bankruptcy Court, N.D. Ohio · 2009
- Lenchner v. Korn (In re Korn)United States Bankruptcy Court, E.D. Michigan · 2017
- Bruinsma v. Wigger (In re Wigger)United States Bankruptcy Court, W.D. Michigan · 2018
13 more not listed; retrieve them via the Exa API.