IN RE CHOMAT

Bankruptcy No. 96-10488, Adversary No. 96-446.

216 B.R. 681 (1997)

In re Gustavo CHOMAT, Debtor. P.F.C. MANAGEMENT CORPORATION, Plaintiff, v. Gustavo CHOMAT, Defendant.

United States Bankruptcy Court, S.D. Florida.

December 15, 1997.


Attorney(s) appearing for the Case

Maryann Pronti, New York City, for Plaintiff.

Carlos DeZayas, Coconut Grove, FL, for Defendant.


LARRY L. LESSEN, Bankruptcy Judge.*

OPINION

The issue before the Court is whether the Defendant was acting in a fiduciary capacity for purposes of 11 U.S.C. § 523(a)(4) when a defalcation occurred.

The Plaintiff, P.F.C. Management Corp., is a managing general agent for a pool of insurance companies for the purpose of obtaining reinsurance. Athlone Intermediaries, Inc. is a reinsurance broker. The Defendant, Gustavo...

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