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IN RE MAXWELL

Bankruptcy No. 13-13383-A-13. Adversary No. 13-1070-A.

509 B.R. 286 (2014)

In re Bobby Harold MAXWELL, Debtor. Gerald Maxwell, trustee of the Eldrige A. Coffman and Madeline J. Coffman Revocable Trust, Plaintiff, v. Bobby Harold Maxwell, Defendant.

United States Bankruptcy Court, E.D. California.

Signed April 10, 2014.

Attorney(s) appearing for the Case

Joseph F. Soares , Tulare, CA, for Plaintiff.

Patrick Kavanagh , Bakersfield, CA, for Defendant.

OPINION

(corrected)

FREDRICK E. CLEMENT, Bankruptcy Judge.

Defalcation requires knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behavior. Defendant Bobby Maxwell, a trustee, allowed his wife, Cherie Maxwell, a bank officer, to access and handle trust funds. Cherie diverted some of the funds for personal use; Bobby was unable to account for other funds. Bobby was unaware of Cherie's diversion of trust...

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