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MATTER OF BENNETT

No. 91-1059.

970 F.2d 138 (1992)

In the Matter of Archie BENNETT, Jr., Debtor. LSP INVESTMENT PARTNERSHIP, a Texas Partnership, Charles Sapp, Howard Boyd, R. Bruce LaBoon, Thomas Reidy, H. Michael Tyson, John C. Nabors, George Carameros, Willis Witt, Walter P. Zivley, Croshaw Investment Partnership (by its Agent, Fred E. Croshaw), W. Robert Brown, Obie & Co., (by its Agent, Frank A. Liddell, Jr.), Carl Galloway, Don C. Quast, and Joe E. McLemore, Appellants, v. Archie BENNETT, Jr., Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1992.

Attorney(s) appearing for the Case

D. Mitchell McFarland, Cynthia L. Osborn, Paul L. Alpern, Liddell, Sapp, Zivley, Hill & Laboon, Houston, Tex., for appellants.

Lenard M. Parkins, Patrick L. Hughes, Sheinfeld, Maley & Kay, Houston, Tex., for appellee.

Before POLITZ, Chief Judge, and HIGGINBOTHAM, Circuit Judge, and PRADO, District Judge:

PRADO, District Judge:

This appeal arises out of an adversary proceeding in a bankruptcy case,2 in which the bankruptcy court entered an order granting a discharge to the Appellee, Archie Bennett, Jr., over the objection of the Appellants that certain of Mr. Bennett's debts were not dischargeable. In support of their argument, the Appellants rely solely on 11 U.S.C. § 523(a)(4), which provides that debts resulting from a defalcation...

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