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IN RE CARROLL

Bankruptcy No. 91-10109-WCH, Adv. No. 91-1306.

140 B.R. 313 (1992)

In re John T. CARROLL, Debtor. Charles J. HOFF, Plaintiff, v. John T. CARROLL, Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 14, 1992.

Attorney(s) appearing for the Case

David C. McBride, Madigan & McBride, Danvers, Mass., for plaintiff.

James C. Gross, Klieman, Lyons, Schindler, Gross & Pabian, Boston, Mass., for defendant/debtor.

MEMORANDUM DECISION REGARDING DISCHARGEABILITY OF A DEBT PURSUANT TO 11 U.S.C. § 523(a)(4)

WILLIAM C. HILLMAN, Bankruptcy Judge.

The Plaintiff, Charles J. Hoff ("Hoff") requests that this Court except from discharge a debt that allegedly arose from the fraud or defalcation of the Defendant, John F. Carroll ("Carroll") while he was acting in a fiduciary capacity. Carroll disputes the existence of either a debt or a fiduciary relationship between the parties...

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