Legal Opinion

David Harwood v. FNFS, Limited

Court of Appeals for the Fifth Circuit

Decided April 5, 2011No. 10-40406PublishedCited by 49 opinions

1Opinion of the Court

KING, Circuit Judge:

David S. Harwood, a Chapter 7 debtor, appeals the district court’s order affirming the bankruptcy court’s ruling that certain of his debts are nondischargeable under 11 U.S.C. § 523(a)(4). He challenges the bankruptcy court’s determination that his debts — loans obtained from a limited partnership that Harwood managed in his capacity as officer and director of the partnership’s corporate general partner — were incurred through defalcation while acting as a fiduciary to the partnership. Because we agree that Harwood wilfully neglected a duty owed to the partnership in…

2Cases cited20 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
  3. Meyer v. RigdonCourt of Appeals for the Seventh Circuit · 1994
  4. In the Matter Of: Bruce Barton Schwager, Debtor. Bruce Barton Schwager v. Meyer Fallas Fred Fallas William Cramer Malcolm MarcoeCourt of Appeals for the Fifth Circuit · 1997
  5. In the Matter of Samuel A. Moreno, Debtor. Samuel A. Moreno v. Michael AshworthCourt of Appeals for the Fifth Circuit · 1990

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3Cited by49 opinions

  1. Robert B. Allen v. Devon Energy Holdings, L.L.C. F/K/A Chief Holdings, L.L.C, and Trevor D. Rees-Jones, Texas Court of Appeals, 1st District (Houston)2012
  2. Fahey v. FaheyBankruptcy Appellate Panel of the First Circuit · 2012
  3. Cody Farms, Inc. v. Deerman (In re Deerman)United States Bankruptcy Court, D. New Mexico · 2012
  4. Tomlinson v. Clem (In re Clem)United States Bankruptcy Court, N.D. Texas · 2017
  5. Data Mountain Solutions, Inc. v. Giordano (In re Giordano)United States Bankruptcy Court, E.D. Virginia · 2012

44 more not listed; retrieve them via the Exa API.

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