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IN RE BAYLIS

Bankruptcy No. 97-45288-JFQ, Adversary Nos. 97-4425, 97-4424.

222 B.R. 1 (1998)

In re Carl E. BAYLIS, Debtor. Constance B. RUTANEN, et al., Plaintiffs, v. Carl E. BAYLIS, Defendant. Robert D. QUEVILLON, et al., Plaintiffs, v. Carl E. BAYLIS, Defendant.

United States Bankruptcy Court, D. Massachusetts.

June 12, 1998.

Attorney(s) appearing for the Case

Christopher S. Wheeler, Bulkley, Richardson and Gelinas, LLP, Springfield, MA, for Constance B. Rutanen, Ella Quevillon, and Theresa J. Alexander.

Mark W. Powers, Bowditch & Dewey, Worcester, MA, for John Quevillon, Marc Quevillon, Paula L. Flowers, and Robert D. Quevillon

David M. Nickless, Nickless & Phillips, Fitchburg, MA, for Carl E. Baylis.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

In a decision affirmed by the Supreme Judicial Court of Massachusetts,1 it has been determined that Carl E. Baylis, Esq. (the "Debtor") failed to use reasonable care in attempting to prevent his co-trustee from committing a breach of trust. The question here is whether the ensuing judgments entered against the Debtor are nondischargeable in bankruptcy as debts for "defalcation...

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