Lee Wholesale Supply, Inc. v. Yacos (In Re Yacos)

OPINION DENYING DEBTORS’ MOTION TO DISMISS AND FOR SUMMARY JUDGMENT

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

I.Introduction

This is a non-dischargeability action brought under § 523(a)(4) of the Bankruptcy Code. The Plaintiff, Lee Wholesale Supply, Inc., seeks a determination of a non-dischargeable debt owing by the Debtors, Donald Anthony Yacos and Alice Christina Yacos, based upon their liability to the Plaintiff under the Michigan Building Contract Fund Act, Mich. Comp. Laws Ann. § 570.151 et. seq. (“MBCFA”). The specific issue addressed by this opinion pertains to the meaning of the phrase…