Whites Lumber Inc. v. Barksdale (In re Barksdale)

Ruling: 
Builders did not owe fiduciary duty to lumber company that extended credit and resulting debt was dischargeable.
Procedural posture: 
Plaintiff lumber company filed separate adversary proceedings against defendant Chapter 7 debtors, a father and son, seeking a determination that the debtors owed the company debts that were nondischargeable under 11 U.S.C.S. § 523(a)(4). The debtors filed affirmative defenses and counterclaims seeking an award of attorney fees and costs, and the court consolidated the actions and tried both cases together.
Issue: 
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Commercial case opionion summary, case decided on September 29,2010, LexisNexis #1110-051