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IN RE LEVITAN

Bankruptcy No. 883-31431-18, Adv. No. 883-0742-18.

46 B.R. 380 (1985)

In re Leonard A. LEVITAN, Debtor. CONGRESS FINANCIAL CORPORATION, Plaintiff, v. Leonard A. LEVITAN, Defendant.

United States Bankruptcy Court, E.D. New York.

February 14, 1985.

Attorney(s) appearing for the Case

Morse Geller, Forest Hills, N.Y., for debtor.

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for Congress Financial Corp.

DECISION & ORDER

C. ALBERT PARENTE, Bankruptcy Judge.

On October 24, 1983 Congress Financial Corporation (the "creditor") commenced an adversary proceeding seeking to bar discharge of a $254,000 debt owed to it by Leonard A. Levitan (the "debtor"). The creditor claims that the debt is nondischargeable pursuant to several provisions of 11 U.S.C. § 523 in that the debt arose out of the debtor's 1) fraud or defalcation while acting in a fiduciary capacity...

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