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MATTER OF ELDRIDGE

Bankruptcy No. 96-83336-JAC-7, Adversary No. 96-80364.

210 B.R. 188 (1997)

In the Matter of Renis ELDRIDGE, SSN: 404-88-1889, Debtor. UNITED FOOD AND COMMERCIAL WORKER'S UNION LOCAL 1995 and Employer's Health and Welfare Fund, Plaintiffs, v. Renis ELDRIDGE, Defendant.

United States Bankruptcy Court, N.D. Alabama, Northern Division.

June 26, 1997.

Attorney(s) appearing for the Case

Scott Sargent, Sirote & Permutt, P.C., Huntsville, AL, for Plaintiff.

Kevin Heard, Huntsville, AL, for Defendant.

Tazewell Shepard, Huntsville, AL, Chapter 7 Trustee.

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This cause came on to be heard on cross motions for summary judgment on the complaint of the United Food and Commercial Worker's Union Local 1557 and Employer's Health and Welfare Fund (the "plan") seeking to have the debt in issue declared nondischargeable pursuant to 11 U.S.C. § 523(a)(4) on the ground that Renis Eldridge ("Eldridge") committed an act of defalcation while acting in a fiduciary capacity...

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