Soverino v. Netzel (In Re Netzel)

MEMORANDUM OPINION

CAROL A. DOYLE, Bankruptcy Judge.

John Netzel and his wife filed a chapter 7 bankruptcy case. Frank Soverino filed this adversary proceeding against John Netzel under § 523(a)(4) of the Bankruptcy Code, 11 U.S.C. § 523(a)(4), seeking a determination that a debt owed for an alleged a breach of fiduciary is nondis-chargeable. Soverino is a creditor of a plumbing company owned by Netzel. Sov-erino alleges that Netzel breached the fiduciary duty he owed to all creditors after the plumbing company became insolvent by using corporate assets to pay personal bills and diverting…