Georgia Lottery Corp. v. Kunkle (In Re Kunkle)

ORDER GRANTING GEORGIA LOTTERY CORPORATION’S MOTION FOR SUMMARY JUDGMENT

MARY GRACE DIEHL, Bankruptcy Judge.

This case involves a debtor who was a majority owner of a store that sold Georgia lottery tickets. The Georgia Lottery for Education Act governs the sales, duties, and responsibilities of lottery retailers. Section 523(a)(4)’s exception to discharge — for a debt incurred by debtor’s defalcation while acting in a fiduciary capacity — is at issue because the Georgia Lottery for Education Act creates an express trust and also extends duties and liability to officers of a corporation. This…