H. Brooks & Co. v. Yerges (In re Yerges)

DECISION

CATHERINE J. FURAY, Bankruptcy Judge.

On June 3, 2014, this adversary was tried to the Court on the issue of whether the Defendant possessed the requisite state of mind to commit “defalcation” within the meaning of 11 U.S.C. § 523(a)(4). The Court heard evidence and, at the conclusion of the trial, took the matter under advisement.

For the reasons that follow, the Court finds the Defendant did commit defalcation within the meaning of 11 U.S.C. § 523(a)(4), and, as a result, the Plaintiffs claim is determined to be nondischargeable under that provision of the Bankruptcy Code.

JURISDICTION

T…