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IN RE DZIEDZIC

Bankruptcy No. 08-14061 B. Adversary No. 08-1179 B.

452 B.R. 361 (2011)

Roxanne M. DZIEDZIC d/b/a Hands to Health Chiropractic, Debtor. Charles S. Tiffany and John W. Tiffany doing business as Tiffany Construction, Plaintiffs. v. Roxanne M. DZIEDZIC, Defendant.

United States Bankruptcy Court, W.D. New York.

July 15, 2011.

Attorney(s) appearing for the Case

Zdarsky, Sawicki & Agostinelli LLP, Mark J. Schlant, Esq., of counsel, Buffalo, NY, and The Cosgrove Firm, J. Michael Lennon, Esq., of counsel, Buffalo, NY, for Plaintiffs.

Raymond C. Stilwell, Esq., Williamsville, NY, for the Debtor/Defendant.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

Asserting the rights of a trust fund beneficiary under the Lien Law of New York, the plaintiffs in this adversary proceeding seek a declaration that their claim is nondischargeable because the underlying indebtedness results from the debtor's defalcation while acting in a fiduciary capacity. The primary issue is whether the plaintiffs have satisfied their burden to demonstrate the level of intent needed...

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