Kansas Statutes Annotated

K.S.A. § 56-321 (2026)

✓ current as of May 2026
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56-321.

History: L. 1972, ch. 210, § 21; Repealed, L. 1998, ch. 93, § 76; July 1, 1999.

CASE ANNOTATIONS

1. Statute, standing alone, does not create fiduciary capacity; three elements necessary examined. In re Novak, 97 B.R. 47, 59 (1988).

2. Absent additional facts, partners not considered as fiduciaries for purposes of 11 U.S.C. Sec. 523(a)(4). In re Weiner, 95 B.R. 204, 205 (1989).

3. Partners were not fiduciaries for fiduciary fraud or defalcation discharge exception purposes. In Re Zanetti-Gierke, 212 B.R. 375, 380 (1997).


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Notes of Decisions
Cited in 6 cases, 1987–2013 · leading case: Medved v. Novak (In Re Novak), 97 B.R. 47 (Bankr. D. Kan. 1987).
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Medved v. Novak (In Re Novak), 97 B.R. 47 (Bankr. D. Kan. 1987). · cites it 9× “Thus, K.S.A. 56-321 by its terms does not apply to him, and does not apply to Novak insofar as he was not a partner of Rantoul or Mid-States Exploration 1978.”
Arnett v. Weiner (In Re Weiner), 95 B.R. 204 (Bankr. D. Kan. 1989). · cites it 4× “section 56-321(a) states: Partner accountable as a fiduciary, when, (a) Every partner must account to the partnership for any benefit, and hold as trustee for the profits derived by him or her without the consent of the other partners from any transaction connected with the…”
Kindergartners Count, Inc. v. DeMoulin, 249 F. Supp. 2d 1233 (D. Kan. 2003). · cites it 2× “K.S.A. 56-321 (repealed 1999). This section provided that a partner must account to the partnership for any benefit, and hold as trustee any profit, derived without consent of the other partners from any transaction connected with formation, conduct, or liquidation of the…”
Duggins v. Bratt (In re Bratt), 489 B.R. 414 (Bankr. D. Kan. 2013). · cites it 2× “1997) (Under Kansas law, the statutory provision delineating partners' accountability as fiduciaries, Kan. Stat. Ann. § 56-321 (a) (1994) did not create a technical or express trust and therefore partners are not fiduciaries for purposes of § 523(a)(4)).”
Schreibman v. Zanetti-Gierke (In Re Zanetti-Gierke), 212 B.R. 375 (Bankr. D. Kan. 1997). “The statutory provision delineating partners’ accountability as fiduciaries in § 56-321(a), Kan. Stat. Ann. (1994), does not create a technical or express trust.”
Schaefer v. Winden (In Re Winden), 120 B.R. 570 (Bankr.D. Colo. 1990). · cites it 2× “In re Novak, supra (“In this case, plaintiffs have cited the Court no cases which impose a fiduciary duty above and beyond that created by K.S.A. 56-321” Id. at 60 ). Therefore, to determine whether Schaefer and Winden, as partners, stood in a similar fiduciary capacity to one…”
— K.S.A. § 56-321(a) — 4 cases
Arnett v. Weiner (In Re Weiner), 95 B.R. 204 (Bankr. D. Kan. 1989). “section 56-321(a) states: Partner accountable as a fiduciary, when, (a) Every partner must account to the partnership for any benefit, and hold as trustee for the profits derived by him or her without the consent of the other partners from any transaction connected with the…”
Medved v. Novak (In Re Novak), 97 B.R. 47 (Bankr. D. Kan. 1987). “Thus, K.S.A. 56-321 by its terms does not apply to him, and does not apply to Novak insofar as he was not a partner of Rantoul or Mid-States Exploration 1978.”
Schreibman v. Zanetti-Gierke (In Re Zanetti-Gierke), 212 B.R. 375 (Bankr. D. Kan. 1997). “The statutory provision delineating partners’ accountability as fiduciaries in § 56-321(a), Kan. Stat. Ann. (1994), does not create a technical or express trust.”
Schaefer v. Winden (In Re Winden), 120 B.R. 570 (Bankr.D. Colo. 1990). “In re Novak, supra (“In this case, plaintiffs have cited the Court no cases which impose a fiduciary duty above and beyond that created by K.S.A. 56-321” Id. at 60 ). Therefore, to determine whether Schaefer and Winden, as partners, stood in a similar fiduciary capacity to one…”
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