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IN RE NENNER

Bankruptcy No. 09-16190-MDC. Adversary No. 10-00003-MDC.

446 B.R. 683 (2010)

In re Charles S. NENNER and Saraly G. Nenner, Debtors. South Philadelphia Donuts, Inc., Plaintiff, v. Charles S. Nenner, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 29, 2010.

Attorney(s) appearing for the Case

Mark John Hill, Mark J. Hill & Associates P.C., Philadelphia, PA, for Plaintiff.

James P. McGarrity, James p. McGarrity, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

MAGDELINE D. COLEMAN, Bankruptcy Judge.

INTRODUCTION

Before this Court for consideration is the Plaintiff, South Philadelphia Donuts, Inc.'s ("SPD") Motion for Summary Judgment on its objection to the Debtor, Charles S. Nenner's ("Nenner") discharge pursuant to 11 U.S.C. § 523(a)(4) for defalcation. SPD and Nenner do not dispute the underlying facts and differ only on the legal standard the Court should apply...

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