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IN RE LEVITT

Bankruptcy No. 79-1581EG.

18 B.R. 598 (1982)

In re Louis H. LEVITT, Freda Cook Levitt, Debtors. Matthew and Regina OSTER, Plaintiffs, v. Louis H. LEVITT and Freda Cook Levitt, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

March 15, 1982.

Attorney(s) appearing for the Case

Thomas B. Rutter, Philadelphia, Pa., for plaintiffs, Matthew and Regina Oster.

Arthur E. Dennis, Weissman, Kozart & Criden, Philadelphia, Pa., for debtors/defendants Louis H. Levitt and Freda Cook Levitt.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issues before us are (1) whether a state court adjudication, finding that the debtor breached his fiduciary duty to the plaintiffs, has a collateral estoppel effect on a determination by the bankruptcy court concerning the nondischargeability of a debt under § 17(a)(4) of the former Bankruptcy Act ("the Act") and (2), if so, whether the debt which arose as a result of the debtor's breach of his fiduciary...

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