Bankr. No.:
10-30015
Adv. No.:
10-3002
Chapter:
11
Date of Decision:
July 28, 2011
Issue:
Whether Defendants were entitled to summary judgment on all grounds and as to all parties but Debtor-Defendant Michael Joseph Hardes regarding fraud or defalcation by a fiduciary under 11 U.S.C. § 523(a)(4)?
Ruling:
Summary judgment was awarded for Defendants on all grounds and as to all Defendants but Debtor-Defendant Michael Joseph Hardes regarding fraud or defalcation by a fiduciary under 11 U.S.C. § 523(a)(4). Plaintiffs-trusts' remaining allegations under 11 U.S.C. § 523(a)(2), (a)(4), and (a)(6) were either inapplicable to the circumstances presented or Plaintiffs-trusts were unable to advance specific admissible evidence to prove the necessary elements for nondischargeability.
Full Bankruptcy Court Decision: