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JACOBS v. PIERCE

Civil Action No. 95-12557-REK, No. BK 89-13609-CJK, Adversary No. 92-1440.

208 B.R. 261 (1997)

Lewis D. JACOBS and Stuart J. Jacobs, Appellants, v. Robert PIERCE, Appellee. In re Robert PIERCE, Debtor. Lewis D. JACOBS and Stuart J. Jacobs, Creditors, v. Robert PIERCE, Defendant.

United States District Court, D. Massachusetts.

April 29, 1997.

Attorney(s) appearing for the Case

Gregory C. Howard, Boston, MA, for appellants.

John T. Lamond, Hart & Lamond, Lowell, MA, for Robert Pierce.

OPINION

KEETON, District Judge.

What additional elements must a creditor of an attorney-debtor in bankruptcy prove to establish that the attorney's pre-petition breach of a fiduciary duty, by nondisclosure of conflict of interests, constitutes a "defalcation" under 11 U.S.C. § 523(a)(4) and that as a result a debt (of at least $400,000) is not dischargeable?

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