Bankers Life & Casualty Co. v. Gilmore (In re Gilmore)

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

The plaintiff’s complaint, in this adversary proceeding, alleges the following facts. The debtor/defendant, Robert Lewis Gilmore, was an agent of the plaintiff under a written employment contract wherein he was designated a fiduciary for the plaintiff’s funds in his possession as a sales agent. The defendant absconded with funds, and on January 21, 1983 a judgment was entered in the Superior Court of the State of Washington in favor of the plaintiff and against the defendant in the amount of $64,137.38 representing the funds the defendant…