Estate of Valich v. Trutko-Clayton (In Re Trutko-Clayton)

ORDER CONCERNING MOTION TO DISMISS

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

In this adversary proceeding, the Estate of John F. Valich (the “Estate”) alleges that a debt in the amount of $41,808.72 arising out of a judgment entered against the Debtor, Linda A. Trutko-Clayton (“Trutko-Clayton” or “Defendant”), is excepted from discharge under 11 U.S.C. § 523(a)(4). According to the adversary complaint filed by the Estate, the Lake Superior Court determined in a judgment, entered on September 1, 2004, under cause number 45D02-0302-EU-00006, that the Debtor, while acting as the executor of the…