Case Summary:
The Plaintiffs obtained a state court judgment against the Debtor for stealing a trailer and two automotive hoists and sought a finding that the consequent debt was nondischargeable as larceny under 11 U.S.C. § 532(a)(4). On summary judgment, the Court found that the terms of the state court judgment conclusively established that the Debtor committed larceny for purposes of section 523(a)(4). Accordingly, summary judgment was granted in favor of the Plaintiffs and the debt was rendered nondischargeable.
Statute/Rule References:
11 U.S.C. § 523(a)(4) -- Nondischargeability - Fraud in Fiduciary Capacity
Key Terms:
Collateral Estoppel
Larceny
File:
Date:
Thursday, December 12, 2013