Legal Opinion
Stanley H. Silverblatt Electrical Contractor, Inc. v. Marino (In Re Marino)
United States Bankruptcy Court, D. Maryland
Decided April 21, 1992No. 19-11248PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
E. STEPHEN DERBY, Bankruptcy Judge.
There are two issues for resolution under § 523(a)(4) of the Bankruptcy Code. First, what level of fraud is required. Second, does the mere retention of funds by a fiduciary, absent facts showing misconduct, constitute defalcation.
This proceeding is before the court on plaintiff’s motion for summary judgment on its nondischargeability complaint. Plaintiff avers that it is entitled to except the debt it is owed from discharge. The argument advanced by the plaintiff is that debtor’s mere use of…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Butner v. United StatesSupreme Court of the United States · 1979
- Neal v. ClarkSupreme Court of the United States · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Spinoso v. Heilman (In Re Heilman)United States Bankruptcy Court, D. Maryland · 1999
- Roussos v. Michaelides (In Re Roussos)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Ferguson Trenching Co. Inc. v. KiehneCourt of Appeals of Maryland · 1993
- First State Insurance v. Bryant (In Re Bryant)United States Bankruptcy Court, W.D. Missouri · 1992
- Wilcoxon Construction, Inc. v. Woodall (In Re Woodall)United States Bankruptcy Court, D. Maryland · 1995
5 more not listed; retrieve them via the Exa API.