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§ 523(a)(4)

Pearson v. Howard (In re Howard)

Mar
22
2006
Ruling
Attorney debtor's judgment debt was deemed nondischargeable since attorney debtor's conduct constituted a fidudiary defalcation.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, an attorney, seeking a declaration that the attorney's judgment debt to the creditor for legal malpractice was not dischargeable under 11 U.S.C. § 523 based on fraud, false representation, fiduciary defalcation, and willful and malicious conduct. The bankruptcy court conducted a trial.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-091
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Artis v. West (In re West)

Mar
21
2006
Ruling
Collateral estoppel barred relitigating the issues that established the debtor intentionally breached a fiduciary duty and, thus, that the prepetition judgment debt was nondischargeable.
Procedural posture

Plaintiff judgment creditors commenced an adversary proceeding against defendant debtor seeking an order declaring a prepetition judgment debt nondischargeable. The complaint alleged that the judgment debt was nondischargeable under 11 U.S.C. § 523(a)(2), (4) and (6). Before the court was the creditors'motion for summary judgment.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-092
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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Sep
22
2005
Ruling
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
Procedural posture

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.

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opinion summary, case decided on September 22, 2005 , LexisNexis #0106-085
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Metro. Steel Inc. v. Halversen (In re Halversen)

Sep
14
2005
Ruling
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
Procedural posture

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.

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opinion summary, case decided on September 14, 2005 , LexisNexis #0106-116
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