Aetna Casualty & Surety Co. v. Lauerman

The issue on this appeal is whether the judgment entered in 1945, was based upon indebtedness created by the defalcation of the defendant while acting in a fiduciary capacity as administrator of the estate of Dan Roth, deceased. If it was, it was not discharged under the Federal Bankruptcy Act, and accordingly Lauerman is not entitled to have the judgment satisfied under sec. 270.91 (2), Stats., 11 USCA, Bankruptcy, p. 271, sec. 35, sub. (a) (4), which provides:

“(a) A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except…