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Braden Trust v. Chavez (In re Chavez)

Employee's misappropriation did not give rise to nondischargeable claim for breach of fiduciary duty.
Procedural posture: 
Plaintiff creditors commenced this non-dischargeability action against defendant debtors, alleging a single cause of action, that of breach of fiduciary duty--specifically a defalcation or misappropriation of property--which was actionable under a bankruptcy statute, 11 U.S.C.S. § 523(a)(4). Before the court was debtors' motion for summary judgment as well as the creditors' motion for summary judgment.
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Consumer case opionion summary, case decided on February 23,2010, LexisNexis #0510-056