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§ 523(a)(4)

Piercy, In re--Long v. Piercy

Ruling: 
Summary judgment granted for debtors where creditor could not satisfy the fraud elementrequired to maintain any action under 11 U.S.C. § 523(a)(4). (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 20,2019, LexisNexis #1019-060

Steele, In re--Swift Fin. Corp. v. Steele

Ruling: 
Debt was dischargeable as creditor failed to show embezzlement given uncontradictedevidence in debtor’s favor. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 08,2019, LexisNexis #1019-034

Hernandez, In re

Ruling: 
Debtor's loan was a nondischargeable debt where his actions amounted to defalcation while ina fiduciary capacity. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on October 02,2012, LexisNexis #0819-037

Mangrum, In re

Ruling: 
Debt was dischargeable where debtor's state law violation did not establish nondischargeabledefalcation under § 523(a)(4). (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-088

Bryan Scott Owens v. Owens

Ruling: 
Defendant's motion for summary judgment was denied as court deemed that the defendant'sconscious decision to withdraw from the business, despite his continuing fiduciary duty,constituted a gross deviation from the standard of conduct expected in his fiduciary role.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 15,2019, LexisNexis #0619-066

Newman, In re--Swait v. Newman

Ruling: 
Debt arising from consent judgment entered by state court regarding debtor's misconduct asexecutrix was nondischargeable. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-034

Morazan-Aviles, In re--Morazan v. Morazan-Aviles

Ruling: 
Judgment was entered for debtor as it was not established that she embezzled settlement funds from her parents. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-032

Brandt, In re

Ruling: 
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

Vincze, In re--Harris v. Vincze

Ruling: 
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-013

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