Midwest Property Management v. Polus (In Re Polus)

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

On June 30, 2011, a trial was held on the nondischargeability of a claim held by Midwest Property Management, Inc. (“Midwest”) against the debtor, Nowell Polus. This decision constitutes my findings of fact and conclusions of law.

Nowell Polus (“defendant”) worked as a contractor for Back Forty Log Homes, a business that he owned and operated for roughly 20 years. While in business, the defendant estimated he had constructed 70 homes, and was aware at all times of his duties under Wisconsin’s theft-by-contractor statute (Wis. Stat. §…