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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Ruling
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
Procedural posture

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.

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opinion summary, case decided on September 22, 2005 , LexisNexis #0106-085