Nathurst v. Barnard (In re Barnard)

*578FINDINGS OF FACT, CONCLUSIONS OF LAW, MEMORANDUM OF OPINION

ALEXANDER L. PASKAY, Chief Judge.

THE MATTER under consideration is a claim of non-dischargeability asserted by Hugh Lee Nathurst, III, d/b/a West Coast Tractor Company and Toreador Inn of Fort Myers, Inc. (Nathurst). The claim of non-dischargeability of a debt admittedly owed by D. Dean Barnard (Barnard), the Bankrupt involved in the above-captioned adversary proceeding is based on § 17(a)(2) and § 17(a)(4) of the Bankruptcy Act.

Although the Defendant did not appear at the final evidentiary hearing, the evidence presented by the…