Fowler & Peth, Inc. v. Regan (In Re Regan)

ANDERSON, Circuit Judge.

This case is before us following our certification of a dispositive issue of state law to the Colorado Supreme Court. Plaintiff and appellant Fowler & Peth, Inc. appeals a decision of the United States District Court for the District of Colorado reversing the Bankruptcy Court’s determination that a debt owed to Fowler & Peth by debtors Jeffrey Shawn Regan and Kerrie Marie Regan was nondisehargeable under 11 U.S.C. § 523(a)(4). The question of whether the debt was dischargeable or not depended, in turn, on the proper construction of a Colorado statute known as the…