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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.