FEDERALUnited States Bankruptcy Court, D. Maryland
1999

Spinoso v. Heilman (In Re Heilman)

241 B.R. 137United States Bankruptcy Court, D. Maryland • Decided 1999Voided
Flow-DownChange OrderCited 55 times

HOLDING

A homebuilder failed to complete a custom home for the Spinosos and they sued to prevent him from discharging the debt in bankruptcy. The court ruled that simply breaking a construction contract—even a major one—is not fraud or fiduciary misconduct. Because it was just a breach of contract, the debt could be discharged in bankruptcy. This matters to subcontractors because it shows courts won't treat contract failures as special debts that survive bankruptcy unless there's actual fraud or theft involved.

KEY FINDINGS

Flow-Down

A homebuilder's failure to finish work is a breach of contract, not fraud—and breach debts are dischargeable in bankruptcy

Change Order

Don't assume a contractor's bankruptcy will protect you unless you can prove actual fraud, embezzlement, or a fiduciary duty was violated

FULL COURT OPINION