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Utnehmer v. Crull (In re Utnehmer)

Utnehmer v. Crull (In re Utnehmer)

Ruling
Bankruptcy court erred in holding debt nondischargeable for fiduciary defalcation absent proof of intent or existence of partnership that would give rise to fiduciary duty.
Issue(s)
Was loan agreement sufficient evidence of partnership to find debt nondischargeable due to debtor's fiduciary defalcation with regard to alleged partners.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 10, 2013 , LexisNexis #1113-122