Centra Bank, Inc. v. Burton (In Re Burton)

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Centrua Bank, Inc. and Milan Puskar filed a three-count adversary complaint against Dennis M. Burton (the “Debtor”) to except debts from the Debtor’s discharge under 11 U.S.C. § 523(a)(4) on grounds of defalcation. The Debtor seeks to dismiss all counts of the adversary complaint on the grounds that the Bank and Mr. Puskar have failed to state a claim.

For the reasons stated herein, the court will grant in part and deny in part the Debtor’s Motion to Dismiss.

I.STANDARD OF REVIEW

In adjudicating a motion to dismiss for failure to state a…