United States Ninth Circuit

In a Chapter 7 bankruptcy, the district court's judgment affirming the bankruptcy court's decision is reversed where a debt was not nondischargeable as a debt incurred due to the Chapter 7 debtor's fraud or defalcation while acting in a fiduciary capacity, because the debtor was not a "fiduciary" under 11 U.S.C. section 523(a)(4) when he failed to make contractually required contributions to an employee benefits trust governed by ERISA.

Appellate Information

• Decided 07/30/2015
• Published 07/30/2015

Judges

• O'Scannlain

Court

• United States Ninth Circuit

Counsel