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Hamilton v. Green (In re Green)

Hamilton v. Green (In re Green)

Ruling
Debt owed to LLC based on debtor member's embezzlement was nondischargeable.
Procedural posture

Plaintiffs, a member of an LLC in which debtor was also a member and the LLC itself sued for a determination that debts allegedly owed to them by defendant debtor were nondischargeable per 11 U.S.C.S. § 523(a)(4) on claims that debtor had used LLC funds to pay personal expenses and had also committed embezzlement. Issues included whether debtor was a "fiduciary" per Mo. Rev. Stat. § 347.088.3 and Mo. Rev. Stat. § 347.088.4.

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Consumer opinion summary, case decided on July 25, 2012 , LexisNexis #0812-050