Search for: ""Davis v. Aetna Acceptance Co." OR "293 U.S. 328""
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5 Feb 2007, 3:58 am
"Applying the Sixth Circuit's holding in In re Blaszak, 397 F.3d 386, 391‑392 (6th Cir. 2005) and the Supreme Court's holding in Davis v Aetna Acceptance Co., 293 U.S. 328 (1934), Judge Tucker found that in order to find a "defalcation while acting in a fiduciary capacity" on the part of the debtor, there must be an express trust in existence prior to the alleged defalcation. [read post]
9 Sep 2022, 8:11 am
Aetna Acceptance Co., 293 U.S. 328, 333-34, 55 S.Ct. 151, 79 L.Ed. 393 (1934)]. [read post]