RTL Holdings Corp. v. Kelly (In Re Kelly)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff/creditor seeks judgment on its claim against the debtors and exception of that claim from discharge under 11 U.S.C. § 528(a)(4). The debtors have answered. The matter was tried on November 29.

Plaintiff is a freight broker for truckers. It employed the debtor/husband in March, 1979 as an agent. There was no written contract of employment. There were no written instructions concerning the agency before February 21, 1980. The evidence is in conflict as to the authority and instructions given Kelly.

I find that Kelly was…