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IN RE SCHWENN

Civ. A. No. 90-B-1974.

126 B.R. 351 (1991)

In re Michele Ann SCHWENN, a/k/a Michele Ann Bantle, Debtor. Robert BEEBE, Plaintiff-Appellee, v. Michele Ann SCHWENN, a/k/a Michele Ann Bantle, Defendant-Appellant.

United States District Court, D. Colorado.

April 22, 1991.

Attorney(s) appearing for the Case

Andrew M. Rosen, Stone, Sheehy, Rosen & Byrne, P.C., Boulder, Colo., for plaintiff-appellee.

Douglas Jay Haynes, Longmont, Colo., for defendant-appellant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Appellant Michele Ann Schwenn (Schwenn) appeals from the bankruptcy court's judgment that her withholding of joint venture funds constituted a defalcation while acting in a fiduciary capacity making discharge unavailable under 11 U.S.C. § 523(a)(4). I affirm.

Schwenn and appellee Robert Beebe (Beebe) entered into a joint venture to purchase oil and gas leases for profit. One of the leases...

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