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IN RE FAHEY

BAP No. MB 12-028. Bankruptcy No. 11-10505-WCH. Adversary No. 11-01118-WCH.

482 B.R. 678 (2012)

James M. FAHEY, Jr., Debtor. Charles Raso, as Trustee and Treasurer, Massachusetts Bricklayers and Masons Health and Welfare, Pension, and Annuity Funds, Plaintiff-Appellant, v. James M. Fahey, Jr., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

November 20, 2012.

Attorney(s) appearing for the Case

Melissa A. Brennan, Esq. , and Catherine M. Campbell, Esq. , on brief, Boston, MA, for Appellant.

Gary W. Cruickshank, Esq. , on brief, Boston, MA, for Appellee.

Before LAMOUTTE, KORNREICH, and CABÁN, United States Bankruptcy Appellate Panel Judges.

LAMOUTTE, Bankruptcy Judge.

Charles Raso ("Raso") appeals from a bankruptcy court order granting summary judgment in favor of the debtor, James M. Fahey, Jr. ("Fahey"), on Count II of Raso's § 523(a)(4)1 complaint seeking a determination that certain unpaid contributions to multiple employee benefit plans were nondischargeable. The bankruptcy court found that Raso failed to establish that Fahey acted in a fiduciary capacity, as required...

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