IN RE ELLENBOGEN

Bankruptcy No. 96 B 21640(ASH), Adversary No. 96-5297A.

218 B.R. 709 (1998)

In re Paul ELLENBOGEN, Debtor. Daniel SAMUELS, Plaintiff, v. Paul ELLENBOGEN, Defendant.

United States Bankruptcy Court, S.D. New York.

March 13, 1998.


Attorney(s) appearing for the Case

Paul E. Kerson, Forest Hills, NY, for Plaintiff.

Reich, Reich & Reich, P.C. by Lawrence Reich, Robin Reich, White Plains, NY, for Defendant.


DECISION ON CLAIM UNDER 11 U.S.C. § 523(a)(4)

ADLAI S. HARDIN, Jr., Bankruptcy Judge.

Plaintiff Daniel Samuels ("Samuels") filed this adversary proceeding against debtor Paul Ellenbogen ("Ellenbogen") to declare non-dischargeable Ellenbogen's debt to Samuels. The debt is based on a decision and judgment of the Surrogate's Court, Westchester County, which held Ellenbogen liable for negligent performance of his duties as a fiduciary.

Samuels has...

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