Georgia Lottery Corp. v. Thao Huynh (In re Thao Huynh)

ORDER

Paul W. Bonapfel, U.S. Bankruptcy Court Judge

Georgia Lottery Corporation seeks a determination that the debt owed to it by the Debtor based on her failure to account for funds arising from the sale of lottery tickets is excepted from discharge pursuant to 11 U.S.C. § 523(a)(4). Georgia Lottery Corporation contends that entry of summary judgment is appropriate because, as a matter of fact and law, the Debtor committed defalcation in her fiduciary role as the owner of a lottery retailer.

The Debtor concedes that she is a fiduciary for purposes of § 523(a)(4). But the Debtor contends that…