MATTER OF SCHNITZ

No. 84-1145-CV-W-5.

52 B.R. 951 (1985)

In the Matter of James H. SCHNITZ, Debtor. MISSOURI DEPARTMENT OF CONSERVATION, State of Missouri, Plaintiff, v. James H. SCHNITZ, Defendant.

United States District Court, W.D. Missouri, W.D.

June 25, 1985.


Attorney(s) appearing for the Case

Richard G. McMorris, Kansas City, Mo., for plaintiff.

Carolyn DeRoos, Jefferson City, Mo., for defendant.


ORDER

SCOTT O. WRIGHT, District Judge.

The issue in this bankruptcy appeal is whether an agreement between the debtor/appellant and creditor/appellant Missouri Department of Conservation by which the debtor was authorized to issue hunting and fishing permits created an express trust. Following a hearing, the Bankruptcy Court held that a trust had been created, and that the debtor's defalcation while acting in a fiduciary duty rendered a debt of $2,685.14...

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