- 11 U.S.C.
Lancs Indus. v. Dunn (In re Dunn)
Dec
03
2010
Ruling
Embezzlement of funds and deposit into debtors' joint account was grounds for denial of discharge.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors, husband and wife, seeking denial of the debtors' discharge under 11 U.S.C.S. § 727(a)(5) based on the debtors' failure to explain the loss of funds embezzled from the creditor by the husband. The husband conceded the embezzlement and nondischargeability of the debt, and the creditor moved for summary judgment with regard to the wife.
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Court
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