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United States Seventh Circuit


IN RE: MICHAEL FRAIN (O'SHEA), 00-1162

Debts owed to creditors from business relationship with debtor are nondischargeable under 11 USC 523(a)(4), where under shareholder agreement that gives debtor a position of ascendancy over the creditors, debtor has a fiduciary relationship to creditors-shareholders.

Appellate Information

  • Decided 10/30/2000
  • Published 10/30/2000

Judges

  • MANION, Circuit Judge., Before POSNER, MANION, and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Randall L. Klein (argued), Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Chicago, IL, for appellant.

  • For Appellees:
  • William F. White (argued), White & White, Downers Grove, IL, for debtor-appellee
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