- 11 U.S.C.
Hunt v. Hunt (In re Hunt)
Oct
26
2010
Ruling
Debtor's negligence in choosing investments for trust did not amount to fiduciary defalcation so that any resulting debt was dischargeable.
Procedural posture
Debtor's son brought an adversary proceeding contending that debtor's decision to use trust funds for certain "investments" violated Indiana's Prudent Investor Act and constituted defalcation in a fiduciary capacity, resulting in an obligation that was nondischargeable under 11 U.S.C.S. § 523(a)(4). Judgment was pending.
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Court
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