Duggins v. Bratt (In re Bratt)

ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT

ROBERT E. NUGENT, Chief Judge.

The Receiver moves for an order amending the judgment in this case to find that Kim Bratt’s debt to the LLC should be excepted from discharge for embezzlement under § 523(a)(4).1 The Receiver specifically takes issue with the finding that he failed to plead embezzlement as a separate claim for relief in the adversary proceeding. Indeed, he argues that the plaintiffs contentions in the complaint and pretrial order are replete with references to Ms. Bratt’s conversion of company assets and that conversion is…