Old Republic National Title Insurance v. Moskowitz (In Re Moskowitz)

AMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT

DOROTHY EISENBERG, Bankruptcy Judge.

This matter is before the court pursuant to a motion made by the plaintiff, Old Republic National Title Insurance Company (“Old Republic” or the “Plaintiff’), seeking entry of summary judgment against Edward Moskowitz (the “Debtor”) pursuant to 11 U.S.C. § 523(a)(4) and (a)(6), based on the theory of collateral estoppel. The Court denies the motion for summary judgment, finding that material issues of fact exist as to whether there was a fiduciary relationship between the Plaintiff and the Debtor which is…