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IN RE PATEL

No. 08-1265.

565 F.3d 963 (2009)

In re Sameer B. PATEL, Debtor. Sameer B. Patel, Defendant-Appellant, v. Shamrock Floorcovering Services, Inc., Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2009.

Attorney(s) appearing for the Case

ARGUED: Dean R. Nelson, Jr., Charles J. Taunt & Associates, Birmingham, Michigan, for Appellant. Nik Lulgjuraj, Darnell & Lugjuraj, Chelsea, Michigan, for Appellee. ON BRIEF: Dean R. Nelson, Jr., Erika D. Hart, Charles J. Taunt & Associates, Birmingham, Michigan, for Appellant. Nik Lulgjuraj, Darnell & Lugjuraj, Chelsea, Michigan, for Appellee.

Before: MARTIN, SUHRHEINRICH, and GIBBONS, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Bankruptcy is designed to give debtors a "fresh start." Ordinarily, whatever assets a debtor has are allocated among his creditors and, even though they rarely cover all liabilities, he emerges with no outstanding debts. But there are exceptions: some debts are not dischargeable, and among these are debts arising from a "defalcation while acting in a fiduciary capacity." 11 U.S.C. § 523(a)(4). This appeal...

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