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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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