Grow Up Japan Inc. v. Yoshida (In re Yoshida)

Ruling: 
Debt was dischargeable where employment relationship between the debtor and the creditor, while creating a common law fiduciary relationship, did not involve an express, technical, or statutory trust.
Procedural posture: 
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a judgment debt to the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(4) for fiduciary defalcation based on the judgment which found that the debtor breached fiduciary duties as the creditor's employee. The debtor moved to dismiss the complaint.
Issue: 
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Consumer case opionion summary, case decided on August 23,2010, LexisNexis #0910-049