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MATTER OF SCHUSTERMAN

Bankruptcy No. 2-89-00604, Adv. No. 2-89-0192.

108 B.R. 893 (1989)

In the Matter of Allan SCHUSTERMAN, Joan Schusterman, Debtors. DIVISION OF SPECIAL REVENUE, STATE OF CONNECTICUT, Plaintiff, v. Allan SCHUSTERMAN, Joan Schusterman, Defendants.

United States Bankruptcy Court, D. Connecticut.

December 8, 1989.

Attorney(s) appearing for the Case

Richard M. Sheridan, Asst. Atty. Gen., Hartford, Conn., for plaintiff.

John P. Zanini, Beck and Eldergill, Manchester, Conn., for debtors-defendants.

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I.

The State of Connecticut, Department of Special Revenue (State) commenced an adversary proceeding against Allan Schusterman and Joan Schusterman (debtors) seeking a determination that a debt due the State is nondischargeable because the debt arose out of a defalcation while the debtors were "acting in a fiduciary capacity." See 11 U.S.C. § 523(a)(4) (1988).

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