Title Fleming v Gordon
Entered
Case Number
10-941
Summary

Plaintiffs filed separate complaints objecting to dischargeability pursuant to 11 U.S.C. § 523(a)(2), (4), (6) and (19). The Counts brought under § 523(a)(6) and (19) were dismissed by summary judgment. After trial on the remaining Counts, the Bankruptcy Court, Duncan W. Keir, J., ruled in favor of Defendant. The Court found (1) no fiduciary relationship existed as intended by the § 523(a)(4) and Plaintiffs did not plead or prove claims under embezzlement or larceny; and (2) Plaintiffs failed to prove that Defendant’s representations were made with fraudulent intent or with a reckless representation constituting a knowing false representation.

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