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Timberline Four Seasons Resort Inc. v. Herlan (In re Herlan)

Timberline Four Seasons Resort Inc. v. Herlan (In re Herlan)

Ruling
Debts were dischargeable absent proof of fiduciary relationship or willful or malicious acts.
Procedural posture

After plaintiff creditors filed an adversary complaint against debtor alleging causes of action to except debts from debtor's discharge per 11 U.S.C.S. § 523(a)(4) and (6), both parties sought summary judgment based, at least in part, on findings made by a state court that debtor was plaintiffs' "agent."

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Consumer opinion summary, case decided on March 18, 2011 , LexisNexis #0411-050