Mullis v. Walker (In Re Walker)

MEMORANDUM DECISION ON COMPLAINT TO DETERMINE THE DIS-CHARGEABILITY OF DEBT

STATEMENT OF THE CASE

HENRY D. EVANS, Bankruptcy Judge.

Joe Harold Walker and Ricky Beckman Walker, debtors herein, filed a joint petition in bankruptcy on June 4,1980. On July 11, 1980, Bob Mullís d/b/a Public Saf-T-Oil Company, plaintiff, filed his complaint seeking a determination of the discharge-ability of a debt owed by the defendant to the plaintiff. The debt was evidenced by a promissory note, but the complaint sounded in fraud or defalcation by a fiduciary pursuant to Section 523(a)(4) of the Bankruptcy Code, 11…