C.O.T.C.O. Gasoline, Inc. v. Jenes (In Re Jenes)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

Plaintiff C.O.T.C.O. Gasoline, Inc. filed its adversary action to determine the dis-chargeability of a debt owed to it by the debtors, who were doing business as L. Palmetto Citgo Service Center. The president of C.O.T.C.O., Richard Eugene Coan, and both of the debtors testified at trial.

Sometime prior to the events in question, Louis Jenes began operating a service station in partnership with a person who is not a party to this action. Eventually the partner left, but he had made several unauthorized withdrawals from the partnership…