IN RE MARINO

Bankruptcy No. 88-5-1829-SD, Adv. No. A88-0276-SD.

139 B.R. 380 (1992)

In re Lawrence W. MARINO, Jr. & Mary Etta Marino, Debtors. STANLEY H. SILVERBLATT ELECTRICAL CONTRACTOR, INC. Plaintiff, v. Lawrence W. MARINO, Jr., Defendant.

United States Bankruptcy Court, D. Maryland.

April 21, 1992.


Attorney(s) appearing for the Case

Gerald Danoff, Towson, Md., for debtors.

Ralph M. Murdy, Baltimore, Md., for Stanley H. Silverblatt Elec. Contractor, Inc.


MEMORANDUM DECISION DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

E. STEPHEN DERBY, Bankruptcy Judge.

There are two issues for resolution under § 523(a)(4) of the Bankruptcy Code. First, what level of fraud is required. Second, does the mere retention of funds by a fiduciary, absent facts showing misconduct, constitute defalcation.

This proceeding is before the court on plaintiff's motion for summary judgment on its nondischargeability complaint...

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