IN RE MULLICAN

Bankruptcy No. 81-04779G, Adv. No. 82-1558G.

24 B.R. 161 (1982)

In re James R. MULLICAN, Kathleen V. Mullican, Debtors. Kathleen MILLER, Plaintiff, v. James R. MULLICAN, and Leonard P. Goldberger, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

November 1, 1982.


Attorney(s) appearing for the Case

Charles S. Silver, Naftulin & Silver, Doylestown, Pa., for plaintiff, Kathleen Miller.

Mitchell Miller, Jack K. Miller, The Bankruptcy Clinic, Inc., Philadelphia, Pa., for debtor/defendant, James R. Mullican.

Leonard P. Goldberger, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., trustee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The matter in dispute in this case arises out of a complaint filed by one Kathleen Miller ("Miller") seeking to have a debt owed to her by the husband-debtor ("Mullican") determined to be nondischargeable. We conclude that the debt was created by the husband-debtor, while acting in a fiduciary capacity, and is, therefore, nondischargeable.

The facts are as follows:1 Miller...

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