SCHWARZER, Senior District Judge:
This appeal calls on us to determine who bears the burden of proof in a nondischargeability proceeding under 11 U.S.C. § 523(a)(4) brought by a creditor alleging "defalcation while acting in a fiduciary capacity." We must also decide whether loans by a client to his real estate agent and not repaid are nondischargeable under § 523(a)(4).
I. FACTUAL AND PROCEDURAL BACKGROUND
Appellant Rita G. Otto and her...
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