Fidelity & Deposit Co. of Maryland v. Harris (In re Harris)

FINDINGS AND CONCLUSIONS

THOMAS C. BRITTON, Bankruptcy Judge.

This amended adversary complaint seeks a modification of the automatic stay and a determination of non-dischargeability under 11 U.S.C. § 523(a)(4). (C.P. No. 6) The debtor has answered. (C.P. No. 8) The matter was tried before me on April 3, 1980. This order is a memorandum of decision under B.R. 752(a).

The facts are not disputed. The debtor was vice-president of an insurance company which is in receivership under the auspices of the Florida Department of Insurance. Plaintiff is the surety on a fidelity bond covering the employees…