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Thomas Kriescher, Vicky Kriescher, and Marjac, Inc. v. Marjorie Ellen Gibson (In re Gibson), Adv. No. 14-0034, Case No. 13-15635-7 (11/6/2014) (521 B.R. 645) -- Judge Catherine J. Furay

Case Summary:
On summary judgment, collateral estoppel applied to render part of a state court judgment award nondischargeable under section 523(a)(4). The findings leading to the award established the defendant was a fiduciary. They also established she committed defalcation by retaining, commingling, and expending funds. As to whether the amount of the state court awards on the remaining claims were non-dischargeable, issues of fact remained, as necessary findings in the judgment did not satisfy the elements of sections 523(a)(2)(A), 523(a)(4), or 523(a)(6).

Statute/Rule References:
11 U.S.C. § 523(a)(4) -- Nondischargeability - Embezzlement

Key Terms:
Collateral Estoppel
Defalcation while Acting as a Fiduciary
Dischargeability
Embezzlement
Fiduciary Capacity
Fraud - Fiduciary Capacity
Issue Preclusion
Nondischargeable Debt


File: 
Date: 
Thursday, November 6, 2014