Rochester Lumber Co. v. Millner (In re Millner)

Ruling: 
Debtor builder's diversion of lien law trust funds was a breach of fiduciary duty resulting in nondischargeable debt.
Procedural posture: 
The debtor, a homebuilder, filed a petition under chapter 7. Plaintiff lumber company filed this adversary action alleging that, to the extent the debtor had diverted trust funds under Article 3A of the New York State Lien Law, (the Lien Law), all or a portion of the amounts due to the lumber company under a state court judgment should be determined nondischargeable under 11 U.S.C.S. § 523(a)(4).
Issue: 
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Commercial case opionion summary, case decided on July 13,2010, LexisNexis #0910-121