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IN RE MARTIN

BAP No. EC-92-1005-RJP. Bankruptcy No. 91-22754-C-7. Adv. No. 91-2211.

161 B.R. 672 (1993)

In re Jack N. MARTIN, Debtor. Jack N. MARTIN, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Oliver R. Lewis, Sacramento, CA, for debtor/appellant.

Roxanne T. Daneri, Sacramento, CA, for appellee.

Before: RUSSELL, JONES, and PERRIS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

The debtor appeals the denial of his, and the granting of the creditor's, motions for summary judgment on the issue of whether the debtor's obligation is nondischargeable under 11 U.S.C. § 523(a)(4).2

I. FACTS

Debtor/Appellant Jack N. Martin ("Martin") was appointed guardian of the person and estate of Andrew A. Murry ("Murry") pursuant to an order of the Sacramento...

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