In re Conner (Chapter 7, Case No. 09-30750, Adv. No. 09-03033)
The plaintiff contended that the debtor's obligation arising from a state court judgement for breach of fiduciary duty was nondischargeable under 11 U.S.C. § 523(c)(4) and (6). The bankruptcy court held that collateral estoppel applied to the state court judgment and found that the debtor's intentional breach of fiduciary duty was nondischargeable under § 523(a)(6). The bankruptcy court also found that the state court judgment for breach of fiduciary duty did not satisfy the requirement for nondischargeability for fraud or defalcation while acting in a fiduciary capacity under § 534(a)(4).
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Date:
Friday, April 23, 2010