Bankr. No.:
98-50456
Adv. No.:
99-5006
Chapter:
7
Date of Decision:
October 14, 1999
Issue:
Whether summary judgment should be granted to either party on plaintiffs' discharge and dischargeability complaint regarding the debtor's alleged misuse of her mother's fund?
Ruling:
The debtor was served as a fiduciary to her mother but not as a fiduciary of the plaintiff-nursing home. Plaintiff-nursing home therefore could not seek non dischargeability under § 523(a)(4) of any claim it had against the debtor. Court also directed plaintiffs to amend their discharge complaint to specify the subsections of § 727(a) under which they sought relief. Plaintiffs were also directed to re-file their request for relief from the automatic stay in the main case; they had erroneously included it the adversary proceeding.
Full Bankruptcy Court Decision:
