Aerotek Scientific LLC v. Kearse (In re Kearse)
Dec
07
2009
Ruling
Debtor's activities in violation of non-compete agreement were sufficient to support claims of nondischargeability, fiduciary defalcation and willful and malicious injury.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that a debt to the creditor was not dischargeable under 11 U.S.C.S. § 523(a) based on the debtor's fraud, fiduciary defalcation or embezzlement, and wilful and malicious injury. The debtor moved to dismiss the complaint.
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Court
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