In the Matter of Wilson J. NICHOLAS, Jr., Debtor. COBURN COMPANY OF BEAUMONT, Appellant, v. Wilson J. NICHOLAS, Jr., Appellee

EDITH H. JONES, Circuit Judge:

Appellant Coburn Company of Beaumont, a plumbing sub-contractor to Nicholas and his company S & N on four construction projects, contests the bankruptcy and district courts’ conclusions that the debt owed to Coburn from these projects was not non-dischargeable in Nicholas’s Chapter 7 bankruptcy. 11 U.S.C. § 523(a)(4). This court must decide whether the Texas Construction Trust Fund Statute, Tex. Property Code § 162.001 et seq. (Vernon Supp.1991) created a fiduciary duty between Nicholas and Coburn as subcontractor and, if so, whether Nicholas acted in fraud or…