16bk30240, 17ap00064
Upon the administrator of a decedent estate’s complaint for determination of nondischargeability of debt pursuant to 11 U.S.C. § 523(a)(4) and objection to the debtor’s discharge under alternative grounds in 11 U.S.C. § 727(a)(3), (a)(4)(D), (a)(5) and (a)(6)(A), held: the plaintiff has demonstrated that the debtor breached her fiduciary duty and embezzled funds from the decedent.  The debt due to the plaintiff is, therefore, nondischargeable.  The plaintiff has also proven that the debtor has failed to satisfy her duty to provide records of her financial condition and has failed to satisfactorily explain the loss of the large amount of funds that the debtor received from the decedent’s bank account.  As a result, the debtor will be denied a discharge in her bankruptcy case.  Judgment is entered in favor of the plaintiff on both counts of the complaint.