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IN RE MYERS

Bankruptcy No. 84-01527-R, Adv. No. 84-0426-R.

52 B.R. 901 (1985)

In re Kenneth Wayne MYERS and Marjorie Elizabeth Myers, Debtors. COMMONWEALTH OF VIRGINIA COMMISSION OF GAME AND INLAND FISHERIES, Plaintiff, v. Kenneth Wayne MYERS and Marjorie Elizabeth Myers, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

August 28, 1985.

Attorney(s) appearing for the Case

Roger L. Chaffe, Asst. Atty. Gen., Richmond, Va., for plaintiff.

Gary M. Nuckols, Fredericksburg, Va., for defendant.

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter came before the Court on May 23, 1985 in a hearing to determine the dischargeability of a debt owed by Kenneth Wayne Myers and Marjorie Elizabeth Myers to the Commonwealth of Virginia. The plaintiff bases the challenge to dischargeability on § 523(a)(4) of the Bankruptcy Code, which renders nondischargeable debts incurred by fraud or defalcation while in a fiduciary capacity, embezzlement...

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