T.D. Farrell Constr. Inc. v. Schreiber

Determination of nondischargeability reversed due to misapplication of collateral estoppel based on case in which debtor was not a party and factual questions regarding debtor's fiduciary status.
Procedural posture: 
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor alleging that the debtor's misapplication of construction funds warranted nondischargeability of a debt to the creditor under 11 U.S.C.S. § 523(a)(4), (6). The creditor appealed the orders of the U.S. Bankruptcy Court for the Southern District of Texas which granted the debtor's motion for summary judgment and denied the creditor's cross-motion.
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Consumer case opionion summary, case decided on November 03,2008, LexisNexis #1108-119