Bankr. No.:
25-40132
Adv. No.:
25-4007
Chapter:
13
Date of Decision:
September 17, 2026
Issue:
Whether the creditor plaintiff was entitled to summary judgment concerning the nondischargeability of its claim under 11 U.S.C. §523(a)(4)?
Ruling:
No, the Court denied the plaintiff’s motion for summary judgment. Although a fiduciary relationship existed between the debtor and the plaintiff, genuine issues of material fact remained concerning whether the debt was incurred as a result of the debtor’s fraud, defalcation, or embezzlement.
Full Bankruptcy Court Decision:
