Heitmanis v. Rayes (In re Rayes)

OPINION DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

WALTER SHAPERO, Bankruptcy Judge.

Introduction

Defendants pled guilty to Embezzlement from a Vulnerable Adult in a state court proceeding and were ordered to pay restitution. Plaintiff filed this adversary proceeding seeking nondischargeability of the restitution amounts under various subsections of 11 U.S.C. § 523 and now seeks summary judgment. For the following reasons, summary judgment is denied.

Background

Joseph Rayes and Sandra Rayes, the debtor-defendants in this case (“Defendants”) both pled guilty in the Macomb County, Michigan…