United Food & Commercial Worker's Union Local 1995 v. Eldridge (In re Eldridge)

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This cause came on to be heard on cross motions for summary judgment on the complaint of the United Food and Commercial Worker’s Union Local 1557 and Employer’s Health and Welfare Fund (the “plan”) seeking to have the debt in issue declared nondisehargeable pursuant to 11 U.S.C. § 523(a)(4) on the ground that Renis Eldridge (“Eldridge”) committed an act of defalcation while acting in a fiduciary capacity by failing to reimburse the plan from proceeds received in settlement of an automobile accident for medical expenses paid by the plan on…