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IN RE BORBIDGE

Bankruptcy No. 86-05939F, Adv. No. 87-0874F.

90 B.R. 728 (1988)

In re Alan BORBIDGE and Terry Borbidge, Debtors. Murray S. ECKEL, Esquire, Guardian of Sally Borbidge, an Incompetent, Plaintiff, v. Alan & Terry BORBIDGE and Leo Doyle, Esquire, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 30, 1988.

Attorney(s) appearing for the Case

Eduardo C. Robreno, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for plaintiff, Murray S. Eckel, Guardian of Sally Borbidge, an incompetent.

Richard H. Anderson, Media, Pa., for defendants, Alan & Terry Borbidge.

Leo F. Doyle, Philadelphia, Pa., defendant/trustee.

MEMORANDUM OPINION

BRUCE I. FOX, Bankruptcy Judge:

This proceeding has been brought by the state court appointed guardian for Sally Borbidge, the husband/debtor's mother, seeking to have a debt declared nondischargeable pursuant to 11 U.S.C. § 523(a)(4) for fraud or defalcation in a fiduciary capacity.

I.

Following the close of plaintiff's case, the defendants moved for involuntary dismissal pursuant to Fed.R.Civ.P. 41(b) (as made...

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