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IN RE MOELLER

Bankruptcy No. 08-08241-LT7. Adversary No. 11-90207-LT.

466 B.R. 525 (2012)

In re Michael D. MOELLER and Gloria A. Moeller, Debtors. Andrew E. Swimmer, Plaintiff, v. Michael D. Moeller, Defendant.

United States Bankruptcy Court, S.D. California.

March 5, 2012.

Attorney(s) appearing for the Case

M. Richardson Lynn, Jr. , Wagner, Lynn, and Lujan, San Diego, CA, for Plaintiff.

Randall P. Mroczynski , Cooksey, Howard, Martin & Toolen, Costa Mesa, CA, for Defendant.

MEMORANDUM DECISION

LAURA S. TAYLOR, Bankruptcy Judge.

Debtor and defendant Michael D. Moeller seeks dismissal of a cause of action seeking a determination that a claim based on an alleged breach of fiduciary duty is nondischargeable under 11 U.S.C. § 523(a)(4).1 Debtor argues that even if the Court assumes the truth of the facts as set forth in the complaint—that he was an officer or director of an insolvent corporation...

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