IN RE NEAL

Bankruptcy No. 03-19877-WV, Adversary No. 03-1513-WV.

324 B.R. 365 (2005)

In re Carey Wade NEAL aka Wade Neal, Debtor. Mark Duncan and Carrie Duncan, Plaintiffs, v. Carey Wade Neal aka Wade Neal, Defendant.

United States Bankruptcy Court, W.D. Oklahoma.

March 31, 2005.


Attorney(s) appearing for the Case

Edward W. Dzialo, Jr., Godlove, Mayhall, Dzialo, Dutcher & Erwin, Lawton, OK, for Plaintiffs.

G. Rudy Hiersche, Jr., Oklahoma City, OK, for Defendant.


MEMORANDUM OPINION

T.M. WEAVER, Chief Judge.

This adversary proceeding presents for determination the extent of the fiduciary duty owed by a contractor to an owner under OKLA. STAT. tit. 42 §§ 152 and 153, Oklahoma's "construction trust fund statutes." The issue arose in the context of the complaint of the plaintiffs-owners, Mark Duncan and Carrie Duncan ("the owners") which sought a determination that the defendant-debtor, Carey Wade Neal ("the...

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