- 11 U.S.C.
Counsell v. Colfack (In re Colfack)
Aug
19
2008
Ruling
Debt related to debtor's fiduciary defalcation was nondischargeable regardless of intent or good faith.
Procedural posture
The plaintiffs, co-trustees of a revocable trust, brought an adversary claim alleging that an obligation of the defendant debtor, a former trustee of the same trust, was not discharged in her chapter 7 bankruptcy as a defalcation pursuant to 11 U.S.C.S. § 523(a)(4). The obligation was a judgment from a state court in Utah. The parties filed cross-motions for summary judgment.
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Court
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