Western Surety Co. v. Daly (In Re Daly)

MEMORANDUM DECISION DENYING THE DEFENDANT’S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT AND GRANTING THE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ARTHUR J. GONZALEZ, Bankruptcy Judge.

This matter came before the Court on January 27, 2000 upon the motion 1 by the Defendant, Kenneth Daly (“Daly” or the “Debtor” or the “Defendant”) for summary judgment (“Daly’s Motion”) on the complaint filed by the Plaintiff, Western Surety Company (“Western” or the “Plaintiff’) objecting to the discharge of the Debtor pursuant to 11 U.S.C. § 523(a)(4) 2 (the “Dischargeability Complaint”), and Western’s motion for…