First National Bank v. Bingaman (In Re Bingaman)

OPINION

MARY P. GORMAN, Bankruptcy Judge.

This case comes before the Court for decision after trial of an amended adversary complaint brought by the First National Bank in Taylorville (“the Bank”) to determine the dischargeability of a $41,479.80 debt owed by the Debtors, Tommy Bingaman and Tara Bingaman, to the Bank. The Bank alleges that the Binga-mans, who were co-guardians of the estate of their minor daughter, breached their fiduciary duties and are guilty of defalcation by reason of their misappropriation of funds from their daughter’s account at the Bank. The Bank seeks a determination…