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BOARD OF TRUSTEES OF SHEET METAL WORKERS v. KERN

Case No. 18-CV-7295 (FB).

618 B.R. 51 (2020)

BOARD OF TRUSTEES OF the SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 28 TRUST FUNDS, Appellants, v. Richard KERN, Appellee.

United States District Court, E.D. New York.

Signed June 24, 2020.

Attorney(s) appearing for the Case

Amy E. Lucas-Strang , Jeffrey S. Dubin , Jeffrey S. Dubin, P.C., Huntington, NY, Dana Lynne Henke , Barnes, Iaccarino & Shepherd, LLP, Elmsford, NY, Danielle Marlene Carney , Barnes, Iaccarino & Shepherd, LLP, Hempstead, NY, for Appellants.

Jonathan Seth Pasternak , Steven R. Schoenfeld , DelBello, Donnellan, Weingarten, Wise & Wiederkehr, LLP, White Plains, NY, for Appellee.

MEMORANDUM AND ORDER

Under the Bankruptcy Code, debts "for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny" are not dischargeable. 11 U.S.C. § 523(a)(4). The issue in this case is whether the bankruptcy court correctly determined that a debt owed...

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