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IN RE NAIL

BAP Nos. 10-6057, 10-6061.

446 B.R. 292 (2011)

In re Elizabeth E. NAIL, Debtor. Arvest Mortgage Company, Plaintiff-Appellee, v. Elizabeth E. Nail, Defendant-Appellant. In re Elizabeth E. Nail, Debtor. Arvest Mortgage Company, Plaintiff-Appellant, v. Elizabeth E. Nail, Defendant-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: April 15, 2011.

Attorney(s) appearing for the Case

Theresa L. Pockrus , argued, Fayetteville, AR, for appellant/cross-appellee.

Sara E. Heck , argued, Burton E. Stacy, Jr. , on the brief, Bentonville, AR, for appellee/cross-appellant.

Before SCHERMER, FEDERMAN and VENTERS, Bankruptcy Judges.

SCHERMER, Bankruptcy Judge.

Elizabeth E. Nail appeals from the judgment of the bankruptcy court determining that her failure to turn over $46,016.25 in lawsuit settlement proceeds to Arvest Mortgage Company and the Federal National Mortgage Association (together, "Creditor") resulted in a non-dischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The Creditor cross-appeals, arguing that the bankruptcy court should have found the non-dischargeable debt to be $65...

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