HIRSCH v. WINTER

No. 89-1523-CIV.

108 B.R. 345 (1989)

Rudolph HIRSCH and Libby Hirsch, Appellants, v. Louis WINTER and Howard Winter, Appellees.

United States District Court, S.D. Florida.

October 18, 1989.


Attorney(s) appearing for the Case

Nancy Berz, Ft. Lauderdale, Fla., for appellees.

Stuart I. Levin, Miami, Fla., for appellants.


MEMORANDUM DECISION

SCOTT, District Judge.

This bankruptcy appeal raises the issue of whether the Bankruptcy Code provides protection to a debtor who has incurred liability for breaching fiduciary duties as a trustee without deriving personal benefit from diversion of the estate. See 11 U.S.C. § 523(a)(4).

I. BACKGROUND

Elsie Winter died in 1965, leaving two orphan children, Louis and Howard, aged thirteen and fifteen. In her...

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