Bankr. No.:
00-30031
Adv. No.:
00-3004
Chapter:
7
Date of Decision:
February 7, 2001
Issue:
Whether claim against the debtor for converted grain was non dischargeable on fraud-based grounds under § 523(a)?
Ruling:
Claim was declared non dischargeable under § 523(a)(4) where the evidence established by a preponderance of the evidence that the debtor had committed larceny by taking his employer's grain and selling it for his own benefit. That the debtor had been acquitted of criminal charges surrounding the missing grain was not binding on the Bankruptcy Court because the standard of proof for the criminal charges was the higher "beyond a reasonable doubt."
Full Bankruptcy Court Decision:
