DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
166024P.pdf 01/06/2017 U.S. Department of Labor v. Michael Harris
U.S. Court of Appeals Case No: 16-6024
U.S. Bankruptcy Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Federman, Author, with Saladino and Nail, Bankruptcy Judges]
Bankruptcy Appellate Panel. The bankruptcy court did not err in finding
debtor's debt to the U.S. Department of Labor based on a pre-bankruptcy
judgment in federal court which found, under ERISA, that debtor breached
his fiduciary duty when the company of which he was CEO failed to remit
funds withheld from its employee's paychecks for their health insurance
plan; the premiums had been held in trust by the employer, debtor was the
fiduciary of the trust within the meaning of 11 U.S.C. Sec. 523(a)(4), and
his decision not to remit the withheld wages was a defalcation within the
meaning of the statute.