Billing Systems, Inc. v. Nee (In Re Nee)

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

The Plaintiff’s Complaint seeks a determination that the indebtedness owed by the debtor to the plaintiff in the approximate sum of $70,000 is non-dischargeable pursuant to 11 U.S.C. § 523(a)(4) on the grounds that the debtor obtained money of the plaintiff by fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny. The plaintiff also seeks a denial of the debtor’s discharge under § 727(a)(4)(A) on the ground that the debt- or, on his bankruptcy schedules, listed the debt owed to Billing Systems as a disputed contractual…