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Joseph E. Hardes Trust and A.A. Hardes Trust v. Michael Joseph Hardes and Penny Lynn Hardes (In re Michael Joseph Hardes and Penny Lynn Hardes)

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: