United States Tenth Circuit

Pursuant to section 523(a)(4) of the Bankruptcy Code, ERISA does not automatically make the officers of a company, who make regular employer contributions to an ERISA-covered employee-benefit plan, a fiduciary to its employees.

Appellate Information

• Decided 05/04/2005
• Published 05/04/2005

Judges

• TYMKOVICH, Circuit Judge., Before LUCERO, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kelly F. Monaghan, Holloway & Monaghan, Tulsa, OK, for Appellants.


• For Appellees:
  
• Weldon W. Stout, Wright, Stout, Fite & Wilburn, Muskogee, OK, for Appellees.