Bankr. No.:
01-50397
Adv. No.:
01-5014
Chapter:
7
Date of Decision:
July 30, 2002
Issue:
Gail Sohler v. William G. Barnes (In re Barnes)
Ruling:
The debt was not excepted from discharge under § 523(a)(4) for embezzlement. Even assuming the livestock purchased through the account were owned by the plaintiff, there was no evidence the defendant-debtor acted with any malevolent intent when he failed to immediately turn over the sale proceeds. The Court could not identify a place in time when the defendant-debtor used the sale proceeds with an intent contrary to his loose agreement with the plaintiff.
Full Bankruptcy Court Decision:
Appeal Summary:
The district court affirmed the bankruptcy court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: